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Home My WebLink About34042 - JANUARY - DECEMBER 20051 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, January 4, 2005, 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 Mark DeBettignies and Kim Shoe Corrigan attending. Staff members present were City Administrator Verbrugge, Assistant Administrator Weitzel, City Engineer Brotzler, Parks Recreation Director Schultz, and Finance Director May. The Pledge of Allegiance was said. Mayor Droste proceeded to administer the Oath of Office to Council Members Elect Michael Baxter and Phillip Sterner. Mayor Droste congratulated the Council Members on their successful election and noted that he and City Council look forward to working with them on City issues. City Administrator Verbrugge noted the following additional information for the agenda: I) The Minutes of December 21, 2004 were revised, Item 6.a.; 2) Two additional application s were received for 2005 Solid Waste Haulers Licenses, Nitte Sanitation Inc. and Inver Grove Sanitation, Item 6.o.; and 3) Staff requested an add -on item to set a special closed meeting for the routine job performance evaluation of the City Administrator on January 12, 2005 at 6:00 p.m. Mayor Droste moved to accept the agenda with the additional information for Items 6.a., 6.o. and the additional hem 6.q. Set Special Closed Meeting for City Administrator Evaluation. Second by Shoe- Con Ayes: Five. Nays: None. The agenda was adopted. ISD 196 Wetland Monitoring Parks and Recreation Director Schultz introduced Ms. Veda Kanitz from Rosemount High School and Jane Porterfield from Eastview High School to share information on the monitoring that is being done on the Vermillion River and four Rosemount wetlands. Ms. Kanitz gave a Power Point presentation on biological monitoring and how high school volunteers and local resident volunteers are educated in collecting data that is given to experts to determine the quality of the water and habitat. Ms. Porterfield reported that Wetland Health Evaluation Program (WHEP) and River Watch work to improve the wetlands and river health and educate the public. They noted that the success of these programs depend on support from cities, counties, and other private and non profit organizations. Their goal is growth of the programs and greater community awareness and stewardship to improve water quality. Ms. Kanitz reported that the effects of development on land can show signs of stress on the enviromnent, but this can be minimized by careful planning and environmental stewardship. The Vermillion River has developed high fecal counts and is unsafe for swimming now. Many Dakota County wells have been contaminated with nitrates. These are the types of problems they wish to correct. Rosemount has provided good buffer strips of 25 to 75 feet around wetlands and youths have conducted storm water drain stenciling. Some cities are encouraging gardening on boulevards rather than concrete or sod to better handle water runoff. Ms. Porterfield noted that interested volunteers could contact the City's Water Resource Coordinator Chad Donnelly or the Friends of the Mississippi for more information. Training for monitoring takes place February through April. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 2005 Council Member Baxter said it was wonderful to see the volunteers' and students' involvement because they are a real asset to the community. Mayor Droste noted that it takes the whole community to take care of water quality. Council Member DeBettignies thanked the fourteen volunteers and encouraged the public to get involved. Parks and Recreation Director Schultz was asked to place links for WHEP and Friends of the Mississippi on the city web page for residents. Consent Agenda Council Member Baxter requested Item 6. j. be pulled for discussion. Council Member Sterner requested Item 6.f be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.f. and 6.j. for discussion and revisions to 6.a. and 6.o. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. a. Minutes of December 21, 2004 Regular City Council Meeting revised b. Minutes of October 28, 2004 Work Session c. Bills Listing d. Expenditure from Donation Account for Parks Recreation Department e. Expenditure from Donation Account for Police Department f. Naming Depositories Financial Institutions discussion g. Transfer /Loan Flexible Spending Account h. Appointment of Acting Mayor i. Appointment of Weed Inspector j. Designation of the Official Newspaper discussion k. Authorize Staff to Begin Recruitment Process of the Management Analyst 1. Approve Joint Powers Agreement for 2005 Traffic Markings, Cracksealing and Sealcoating m. Declare Surplus Property n. Confidentiality Agreement with Charter Communications o. 2005 Solid Waste Haulers Licenses added two haulers P. Appointment of Port Authority Members q. Add -On Set Special Closed Meeting for City Administrator Evaluation Item 6.f. Naming Depositories Financial Institutions Council Member Sterner requested an explanation on strategies used to select banks. Finance Director May reported that City Council approval is necessary to conduct business with banks and financial institutions each year. This approval gives staff the authority to deal with the named organizations as needed. May noted that he selects the banks mainly by location and the interest rates they offer. We have the City's checking accounts with the Rosemount First State Bank. Rosemount National Bank holds CDs for the City, and Vermillion Bank purchases Treasury Notes for the City. Council Member Sterner requested that Anchor Bank near the western border of Rosemount be considered for future use. Finance Director May said he would be glad to consider Anchor Bank and would be able to amend the list if it is selected. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 4, 2005 Bern 6.j. Designation of the Official Newspaper Council Member Baxter stated he would be abstaining from this motion because he did not know enough about the newspapers selection issue. Mayor Droste pointed out that the Rosemount Town Pages presents 100% Rosemount news, while the other local papers carry several cities' news reports in the same paper. Mayor Droste reported that the Minnesota legislature has addressed using web sites for official posting of notices and e-mail announcements, but has not approved it. Council agreed to review facts including circulation at a future work session since this designation can be changed during the year and no contract is in place. MOTION by Shoe Corrigan to designate the Rosemount Town Pages as the City's official newspaper for the year 2005. Second by DeBettignies. Ayes: Sterner, DeBettignies, Shoe Corrigan, Droste. Nays: None. Abstain: Baxter. Motion carried. Announcements Mayor Droste reviewed the upcoming regular meetings noting that the City Hall will be closed. January 17, Martin Luther King's birthday. Mayor Droste moved to adjourn the meeting at 8:12 p.m. Second by Stemer. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -01. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday. January 12, 2005 at 6:50 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter. and Sterner present. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, Public Works Superintendent Cook. Police Chief Kalstabakken, Parks and Recreation Director Schultz, City Engineer Brotzler and Communication Coordinator Cox. There were no changes to the agenda. DISCUSSION Community Survey City Administrator Verbrugge presented a comparison of questions from 2003 to the proposed draft survey. Some of the questions were developed to measure change from the last survey and so cannot be changed to a great extent or it could distort the results. The estimated cost is $16,500 which leaves about $1.500 for additional questions. It was agreed that the question on the need for a family restaurant could be removed since development has allowed that goal to be reached. Council indicated that questions on communication, neighborhoods, transportation, green space and active recreational needs, community amenities, and downtown services would be retained. Some words should have further definition, such as east side and cultural arts. City Administrator Verbrugge noted that representatives of Decision Resources could not be present at this meeting due to a family emergency. However, they did provide guidance by phone and will be able to proceed with the survey by early February The results will be prepared for the March Council Work Session. The revised survey will be provided to Council before it is conducted. Centex PUD Amendment Community Development Director Lindquist presented an amendment that would replace 33 townhouse units with 26 narrow single family lots. Staff agreed to the shift in housing which will require a major amendment with a public hearing at the Planning Commission. The City Council debated the narrow lots, affordable housing, the pipeline easement and the need to educate owners about it. Council Member Stemer stated he did not feel this style of housing fit into the neighborhood. However, the remaining council noted that if there is a market for this style of housing it could be allowed. 2005 Legislative Policies State Representative Dennis Ozment and Senator Chris Gerlach were introduced. They both congratulated newly elected Council Members Baxter and Sterner. Each official gave background on themselves and a summary of the political topics at the legislative sessions. Senator Gerlach reported that there is a $700 million deficit which has improved from last year's 54.5 billion deficit. Gerlach serves on the Capitol Investment Committee, the Senate Finance Committee, and the Jobs, Economy Community Development Committee. Gerlach explained that because he is the most junior Senator in the minority party he can't effect major change. However, he held a positive attitude that he could impact many issues and work with the nuts and bolts of the process. Representative Ozment serves as the Chair of the Agriculture and Natural Resources Committee and the Impaired Water Committee. Ozment is aware of 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 12, 2005 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 12, 2005 several issues that would restrict local government control and senses the need to leave that control with local government. State Representative Ozment noted that this year there seems to be controversy about whether to allocate the funds to benefit the rural or the urban areas. City Administrator Verbrugge presented a list of three levels of political priorities for the City of Rosemount. The most important priority is the .Air Cargo Regional Distribution Center which would provide economic benefits to both the State of Minnesota and to the local host community. Senator Knutson was a co- author of last year's bill regarding that. Rep. Ozment has signed on as a co- author for 2005. Secondary items are park and library land tax breaks to encourage private landowners to sell property to public entities. TIF legislation. levy limits, reverse referendum, and support of the Minnesota Zoo. Other topics of interest to Rosemount are the public utilities infrastructure impact fees, aggregate mining, eminent domain regulations, transportation funding and gas tax structure, and Highway 3 preservation status. State Representative Ozment and Senator Gerlach updated Council and staff on the identified topics. They said they value the Council's suggestions and plan to update the City of Rosemount as the session progresses. Council Member Baxter remarked that Rosemount has used Tax Increment Financing (TIF) to improve the City of Rosemount successfully and hopes the regulations don't restrict future use of TIF. Baxter pointed out that the Air Cargo Regional Distribution Center would provide jobs and economic improvement to benefit the State. It would also become a prototype for state of the art security screening for manufacturing which would be a federal benefit. Mayor Droste called for a ten minute break at 8:45 p.m. County Road 38 City Engineer Brotzler reported on the public informational meeting held to discuss City Project 393. The proposed improvements to extend sewer and water service along CR 38 was reviewed. It was noted that the residents along 132 Court did not express interest in having sewer and water service extended to their properties at this time. Brotzler noted that the sanitary sewer and water lines would be stubbed from CR 38 to 132n Court to accommodate future extension of sewer and water service to these properties. Brotzler reported that the North Central Sanitary Sewer Study noted that there are records of six sewer systems that have failed or don't meet code in the City. Two of those systems are adjacent to Keegan Lake. Mayor Droste noted that an outlet was constructed for Keegan Lake last year. The construction of an outlet from Keegan Lake will prevent the flooding of adjacent properties in the future. There was discussion about the proposed assessments. Properties adjacent to CR 38 are proposed to be assessed S4,000 for street improvements and $9,800 for sanitary sewer and water service. Council Member Shoe- Corrigan noted that only one property is large enough to divide. 1t was noted that any property that could be subdivided would have two or more services extended and would be assessed accordingly for sewer and water service. Options were discussed for the assessment of project costs. The first option is to assess project costs immediately. A second option is to defer all or a portion of the project costs for sanitary sewer and water and collect in the future when property owners connect to City services. Staff was directed to research options with legal counsel and report back to the Council at the next work ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 12, 2005 session. It was discussed that the City code currently requires property owners to connect to City services within two years from the date they are available. Consideration may be given to extending this time period for property owners adjacent to the project. Hiring of Public Works Supervisors City Administrator Verbrugge presented two new public works supervisor positions for consideration by City Council. He presented a review of the budget preparation process and previous discussions regarding the proposed supervisors to update the two new City Council members. The new supervisors would provide more direct supervision in the field, evaluate field work for efficiencies, and free up the Public Works Superintendent to focus on strategic planning and proactive maintenance initiatives. Mayor Droste had serious concerns about Rosemount's high property taxes and did not wish to have that increase. Council Member DeBettignies stated the City should be able to show it would have a good return on its investment. Mayor Droste said he would agree to one new supervisor. Mayor Droste suggested a mechanism be put in place to measure the hours needed for labor and to consider a part-time manager for summer help. Council Member Stemer suggested that all custodians work from the Parks and Recreation Department. Sterner noted that with the purchase of St. Joseph Church additional area will be needing attention. Council Member Baxter suggested hiring one supervisor now and then prepare an evaluation in six months and determine if another supervisor may be needed. City Administrator Verbrugge agreed to begin the hiring process for one supervisor and to restructure the job description. Commission Appointments City Clerk Jentink explained there are two commission vacancies due to the newly elected Council Members Sterner and Baxter. The immediate openings are one on each of the Parks Recreation Commission and the Port Authority Commission. Council Member Sterner volunteered to remain on the Parks and Recreation Commission until a replacement can be found or until the normal selection process occurs in March. Council Member Shoe Corrigan volunteered to return temporarily to the Port Authority until the normal selection process occurs. There are six commissioner positions whose terms will expire March 31. Mayor Droste recommended proceeding with the Selection Policy with interviews in February. Council Member Shoe Corrigan indicated she will not be available on weekends in February for the interviews. Staff was directed to proceed with advertising for the six positions. Marketing /Communications Plan Dates Communications Coordinator Cox reviewed the progress of the Marketing Plan. The communications tasks have been assigned target dates for completion. Council Member Baxter suggested lower priorities for an exit survey, council web pages, and a computer in a public place. The Marketing Plan is going well. Mayor Droste thanked Communication Coordinator Cox and Assistant Administrator Weitzel for their hard work and great job. UPDATES City Administrator Verbrugge was alerted to a Title Search irregularity on the St. Joseph Church property. City Attorney LeFevere determined that a narrow strip. 3 to 5 feet wide across the property was owned by a Mr. Hubert Geraghty. This did not show on the first search because it only showed as a line. The closing is still scheduled for January 14, 2005. 3 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 12, 2005 City Administrator Verbrugge reported that the Utilities Commission reviewed a proposed water.:sev,er rate increase for 2005 this year. At this time. the Commission does not recommend a rate increase. Mayor Droste reported that water billing revenue is up 46% in the past five years. The rates have not been changed for five years. A local water rate report showed Eagan lower than Rosemount and all other cities higher than Rosemount. The consensus was to keep the water /sewer rates the same. City Administrator Verbrugge arranged a City Council Retreat on Wednesday, January 26 at 6:00 p.m. Craig Rapp of Springsted, Inc. will facilitate the discussion. This will help the dynamics of the Council and staff to be as effective as possible. The regular City Council Work Session was adjourned at 11:06 p.m. The City Council's Agenda Packet is Clerk's File 2005 -03. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 18, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, January 18, 2005, 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, Sterner, and Baxter attending. Staff members present were City Administrator Verbrugge, Assistant Administrator Weitzel, City Engineer Brotzler, Community Development Director Lindquist, and Communication Coordinator Cox. The Pledge of Allegiance was lead by Cub Scout Pack 207. City Administrator Verbrugge requested the addition of one item under the Consent Agenda. the appointment of Mary Riley as a Port Authority Commissioner; and, a correction on page two of the January 4 minutes. Mayor Droste moved to accept the agenda with the correction to Item 6.a. and the addition of Item 6.m. Appointment of Port Authority Member recommending Mary Riley to fill the remainder of Commissioner Mike Baxter's term is expiring March 31, 2008. Second by Shoe Corrigan. Ayes: Four. Nays: None. The agenda was adopted. Recognition of SKB Trust Fund Related to Library Land Acquisition City Administrator Verbrugge reviewed the library site selection process. A joint committee of City and County officials, and two appointed citizens, was formed Community in early 2003 to identify a future site for a Dakota County branch library in Rosemount. The Library Committee narrowed the possible sites to three. The City Council directed staff to negotiate with St. Joseph Church for the campus on South Robert Trail as the preferred site. The City Council approved a purchase agreement with St. Joseph Church in December 2004. The SKB Environmental Rosemount Community Trust has agreed to donate $500.000 toward the purchase of the library site at St. Joseph Church. The actual library will be built on the south end of the church campus where the playground is now located. Dakota County Commissioner Branning spoke on behalf of the Dakota County Board of Commissioners. Branning noted that seven years ago Rosemount was not on the list of proposed libraries. However. Rosemount's population grew and residents made known their desire to have a library in Rosemount. Branning thanked all those who have partnered with Dakota County to make this library plan happen. The President of the Dakota County Library Board, Bev Ekholm, noted she was very happy that Rosemount gathered the needed pieces together to plan for a library. Father Hill from St. Joseph Church noted that the history of the parish goes back to 1856 and he said that staff was glad the community could find a use for the church building property and the placement of a library there. The SKB Environmental Rosemount Community Trust Board consisted of John Domke, Don Chapdelaine, John Tapper, Steve Casey, and Matthew Kearney. The Trust Board Chair, John Tapper, and SKB President Rick O'Gara presented a ceremonial check to the Rosemount City Council in the amount of $500,000 for the purpose of purchasing the site for a future library. Both commented that the donation is another opportunity to give to the community as it does with its annual donations to organizations and events. City Administrator Verbrugge, Council Members Baxter, Shoe Corrigan, and Sterner thanked all parties involved for their cooperation and partnerships. Mayor Droste also thanked all and said he looked forward CO the many opportunities in the future for a community campus at St. Joseph Church site. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 18, 2005 Proclamation for National Mentoring Month Communications Coordinator Cox presented a proclamation to help ensure the well -being and development of young, people. The Kids N Kinship program has served Rosemount for 32 years and currently has 69 children on a waiting list for mentoring. It has been shown that a positive role model can make a difference for children whose parents need extra assistance to teach life skills in their families. The month of January was proclaimed National Mentoring Month and the adults that participate in mentoring were thanked for their contribution to the community. MOTION by Baxter to approve the proclamation for January as National Mentoring Month. Second by Shoe- Corrigan. Ayes: Sterner, Baxter, Shoe Corrigan, Droste. Nays: None. Motion carried. Consent Agenda MOTION by Sterner to approve the Consent Agenda with the correction on page 2 of the January 4, 2005 minutes and the addition of 6.m. Appointment of Port Authority Member. Second by Shoe Corrigan. Ayes: Baxter, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. a. Minutes of January 4, 2004 Regular City Council Meeting b. Bills Listing c. Receive Donation for Parks Recreation Department d. Flint Hills Resources Conditional Use Permit for Storage Tanks, 04 -75 -CUP e. Zoning Text Amendment for Asphalt Plants as an Interim Use Permit in the General Industrial District, 04 -77 -IUP f. Interim Use Permit for Asphalt Plant Requested by Pine Bend Paving, 04 -78 -IUP g. Receive Feasibility Report/Order Plans Spec's Connemara Crossing, City Proj. 391 h. Receive Feasibility Report'Order Plans Spec's- Glendalough 5 Addition, C.P. 389 i. Concurrence for Revocation -CSAH 48 j. Payment #8 Final Evermoor Roundstone Addition, City Project #361 k. Appointment of SKB Class I Trustee 1. Zoning Text Amendment Site Plan Review Standards, 04 -79 TA m. Add On Appointment of Port Authority Member Announcements Mayor Droste reviewed the upcoming regular meetings. In addition, there will be a neighborhood informational meeting for the 2005 Street Reconstruction project on January 19 at 6:30 p.m. at the Community Center. The Parks Recreation Commission was moved to the Community Center on January 24 to accommodate a meeting, for Highways 42152 Land Use at 6:30 p.m. at City Hall. Mayor Droste moved to adjourn the meeting at 7:58 p.m. Second by Sterner. Ayes: Four. Nays: None. The meeting was adjourned. 1 The City Council Agenda Packet is Clerk's File 2005 -04. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 18, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL MEETING JANUARY 26, 2005 Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Wednesday, January 26, 2005, at 6:00 p.m. at the Camp Sacajawea lodge in Lebanon Hills Regional Park. Apple Valley, Minnesota. The purpose of the special meeting was a City Council retreat to discuss working process and relationships. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter, and Sterner attending. City Administrator Verbrugge was also present. City Administrator Verbrugge introduced Craig Rapp of Springsted, Inc. Rapp was hired as a facilitator to work with the Council for this retreat and a future goal setting. Rapp and the City Council discussed working relationships, understanding Council and staff roles, as well as discussing communications between the Council members and staff. The meeting adjourned at 9:52 p.m. Respectfully submitted, James Verbrugge, City Administrator Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 1, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter, and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant Administrator Weitzel, Project Engineer Aderhold, Parks Recreation Director Schultz, and Community Development Director Lindquist. The Citv Attomey in attendance was Michael T. Norton from Kennedy Graven. Chartered. The Pledge of Allegiance was said. City Administrator Verbrugge requested one item be added to the Consent Agenda: Summary of Ordinance XII.21 Updating the Penalty Clause in the City Code. Mayor Droste moved to accept the agenda with the additional Item 6.m. Second by Shoe Corrigan. Ayes: Five. Nays: None. The agenda was adopted. Consent Agenda Mayor Droste requested Items 6. g. and 6.1. be pulled for discussion. MOTION by Shoe Corrigan to approve the Consent Agenda with the addition of Item 6.m. and the removal of Item 6.g. and 6.1. for discussion. Second by DeBettignies. Ayes: DeBettignies, Shoe- Corrigan, Droste. Sterner, Baxter. Nays: None. Motion carried. Minutes of January 18, 2004 Regular City Council Meeting Minutes of January 12, 2005 Work Session Minutes of November 10, 2004 Work Session Bills Listing Receive Donation and Authorize Expenditure of Funds for Administration Set Public Hearing for Liquor License Fee Amendment a. b. c. d. e. f. City Project ')2 h. Receive Feasibility Report/Set Public Hearing- County Road 38 (Bonaire Path) Trunk Highway 3 to East Tract Line of Reflections Street Utility Improvements. City P. 393 i. Change Order 2, Rosewood Village 2 Addition Street Utilities Improvements, City Project 378 j. Change Order #1, Bloomfield Park Project k. Authorize Recruitment for Public Works Supervisor I. 2005 Solid Waste Haulers License m. Summary of Ordinance XII.21 Updating the Penalty Clause in the City Code Add -On Item 6.g. Receive Feasibility Report/Set Public Hearing 2005 Pavement Management Project, City Project 392 Mayor Droste asked Project Engineer Aderhold to give a brief review of this project for the audience. Project Engineer Aderhold pointed out the location for the pavement improvements including Dodd Court, 130 Street West, and 146 Street West east of Canada Avenue. Dodd Court will be reconstructed and 130 Street West will receive a two -inch bituminous overlay. In the southwest area. 146 Street West will receive a full reconstruction of surface and existing ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 2005 curb and gutter. The remaining streets will receive pavement rehabilitation to extend the useful life period. There are areas that will need storm sewer, sanitary sewer, watermain. and sidewalk improvements. Assessments will account for 35% of the project funding. The Rosemount Assessment Policy assigns benefiting property owners S4,000 per lot for street reconstruction. The Sanitary Sewer/Watermain Utility Fund, the Storm Sewer Core Fund, the City Street CIP Fund, and the General Street Fund will fund the remaining portion. The Public Hearing will be held on February 15, 2005. MOTION by Droste to ADOPT A RESOLUTION RECEVING THE FEASIBILITY REPORT AND SETTING A PUBLIC HEARING FOR THE 2005 PAVEMENT MANAGEMENT PROJECT, CITY PROJECT 392. Second by DeBettignies. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettianies. Nays: None. Motion carried. Item 6.1. 2005 Solid Waste Haulers License Mayor Droste requested that City Council consider the limitation of the number of waste haulers allowed in the City at a future work session. Droste noted that resident safety is his main consideration and he pointed out that several other cities have limited waste haulers. Parks Recreation Director Schultz noted that Rosemount licensed about 15 or 16 haulers which provide mixed residential and commercial services. Schultz noted that the hours could be limited. MOTION by Sterner to approve the license for Highland Sanitation and Recycling to haul solid waste in the City of Rosemount. Second by Droste. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. Concept Plan Review and Comprehensive Plan Amendment, GlenRose of Rosemount by Dean Johnson Homes, D4- 26- CON /04 -52 -CP Community Development Director Lindquist presented the application facts to Council on the development of land north of St. Joseph's cemetery. This property has been known as the Sunrise Lumber site. This site was at one time on the selection list for a county library. The county library was recently sited at another location. Council is asked to direct staff on the land use designation for this site. The land in 1993 was reguided as Parks and Open Space. Then. in 2000 the Comprehensive Plan zoned it as Public /Institutional due to the ownership of St. Joseph Church. The issues that remain are traffic congestion on Highway 3 and deciding the most appropriate land use. Staff is recommending a residential use because it would allow for a more even flow of traffic throughout the day. Any public, park, or commercial use would dump traffic on Highway 3 at peak times. Conditions of' the proposed Planned Unit Development (PUD) for residential townhomes were reviewed. Ideally access onto Connemara Trail would be the best traffic pattern. The City does not have easement rights through the private property to the north at this time. A future underpass is proposed to connect the school and community center to Erickson Park through this development. The entrance to the housing development will have to be aligned with the Community Center access on the west side of Highway 3. Parks and Recreation Director Schultz requested that the trails connect with the Koch Trail in Central Park. Council Member 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR NIEETING FEBRUARY 1, 2005 Shoe Corrigan noted that a sidewalk along the east side of Highway 3 should be considered because residents will likely take the shortest route to downtown. Director Schultz said that at present pedestrians would be directed to one of the controlled intersections to cross to the west side of Highway 3. Council Member Baxter reported that he visited the site and his personal .opinion is that it would not be a good place for residential. .Admittedly Baxter said he was not familiar with zoning issues and would depend on staffs professional opinion. Baxter said that due to the logic of the traffic counts he would go along with the recommended action. Council Member Sterner did not agree with changing the land use designation. Mayor Droste agreed with Council Member Baxter and admitted this is a difficult property because it is low and on a busy highway. Droste said the amenities of the park to the east may be attractive to home buyers and the townhomes should also be good transitional zoning between the downtown and the Brockway housing site. Droste noted that the elevation drawing of the townhome structure is massive and should have more detail to break up the view. Landscaping would be used as a buffer along Highway 3. Community Development Director Lindquist noted the process would have the Planning Commission reviewing the PUD, then the zoning would be reguided, and City Council would have final approval. Council Member Shoe Corrigan noted she will be looking for more creativity in the PUD process. MOTION by DeBettignies to ADOPT A RESOLUTION APPROVING THE CONCEPT PLAN AND THE COMPREHENSIVE PLAN AMENDMENT FOR GLENROSE OF ROSEMOUNT BY DEAN JOHNSON HOMES subject to conditions. Second by Baxter. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: Sterner. Motion carried. Announcements City Administrator Verbrugge reported that the City had closed on the purchase of St. Joseph Church campus on Highway 3 today. February 1. Verbrugge thanked Gary Mitchell, Parish Administrator. and all those who participated in the transaction. City Administrator Verbrugge congratulated Project Engineer Anthony Aderhold, who mentored a team of 8 graders at Blackhawk Middle School. His team took first place in the final round of judging in the state competition for Future Cities. There were 18 schools competing. Mr. Aderhold will accompany the school group to Washington, D.C. for the national competition later this month. Project Engineer Aderhold and City Engineer Brotzler provided mentoring to Blackhawk Middle School on this project for several months. The Council and staff congratulated the students and Project Engineer Aderhold. Mayor Droste reviewed the upcoming regular meetings. The February Utilities Commission is cancelled. There will be a Stormwater Public Information Meeting regarding NPDES Phase II on February 10 at 7:00 p.m. at the Community Center. Applications for commissioner openings will be received through February Mayor Droste moved to adjourn the meeting at 8:17 p.m. Second by Sterner. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -05. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 1, 2005 Respectfully submirted, Linda Jentink, City Clerk Recording Secretary 1 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, February 9, 2005 at 6:34 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Shoe Corrigan, Stemer, Baxter and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Assistant Administrator Weitzel, City Engineer Brotzler, Public Works Superintendent Cook, Community Development Director Lindquist, Finance Director May, Police Chief Kalstabakken, and Fire Chief Aker. The agenda was revised to consider County Road 38 TH 3 Assessments first because of Council Member Baxter's request to leave early for a family obligation. DISCUSSIONS ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 9, 2005 County Road 38 TH 3 Assessments, City Project 393 City Engineer Brotzler presented special assessment options for residents for the proposed extension of sanitary sewer and water service. The proposed assessment rates are $4,000 unit for street improvements and 59.400 for water and sewer improvements for this project. In follow up to previous discussions by Council regarding options for recovering project costs, City Attorney LeFevere prepared a letter outlining the City's authority to establish a special connection charge for this area. This would allow the City to not levy assessments for sewer and water and to recover costs in the future through connection charges collected at the time a property owner connects to City services. There are four properties that would have an assessment of $13.400 and one double unit lot for an assessment of S22,800. Should Council consider levying special assessments, options available co property owners include the following: 1. Prepay assessment in full within 30 days after assessment levied with no interest. 2. Make annual assessment payments over a ten year period. 3. Apply for a senior citizen deferral through Dakota County. It was noted that with this option, interest does accrue during the deferral period. The City Code states that property owners would be required to hook up to water/ sewer within two years of installation to property boundary or sooner in the event a system fails. Discussion ensued about if this two -year period should be extended to live to seven years to allow homeowners more time, especially if they had recently upgraded their septic system. City Engineer Brotzler spoke about creating a special district applying to the five homes mentioned. This will be researched further. Council Member Shoe- Corrigan mentioned the "human issue" here that residents do not like to pay assessments especially if they have recently made improvements to their own water or septic systems. Shoe- Corrigan encouraged staff to make clear to the residents the options that are available, and to let them know who to contact at Dakota County to levy the unpaid assessments. As with all assessments, land value benefit to the property owners must be supportable. There is also an assessment deferral option available to senior citizens within Dakota County. Council Member Baxter reiterated the three choices: 1) pay up front; 2) pay at time of connection or failure of system; and 3) or hook up in 2 years and then pay. Council requested staff to find out if connection charges would be required at the time a property is sold. City Engineer Brotzler said that how the assessments are handled does not have to be determined until the time of the Public Hearing for assessments. Council Member Shoe Corrigan said it is bad policy to defer street and utility improvements because the City has to pay up -front and carry that debt. The apartment building owners contacted City Engineer Brotzler about extending the water and sewer to the apartment building. The family owns three lots plus the apartment building on the west side of Highway 3 on 132nd Street. They would like to connect the apartment building and stub utilities to the other three lots. The apartment would be reguided to Urban Residential zoning. The street improvements would include curb and gutter. City Engineer Brotzler stated that based on previous Council direction, staff would be meeting with the owners of the apartment building and of the properties located south of 132°` Street, between Dodd Road and TH 3 to discuss possible re- guiding of these properties. Council Member Baxter left the meeting at 7:15 p.m. 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 9, 2005 Fire Station 42 City Administrator Verbrugge presented information on the 2005 Capital Improvement Plan for the construction of Fire Station 42. The City secured the land at Connemara Trail and Azalea Avenue for the fire station in 2003. The site will also include a future water tower and possibly a water treatment plant. Mr. Verbrugge discussed the timing, scope, architect selection, and debt issuance. Fire Chief Aker was present to answer questions. Chief Aker said that fourteen volunteer firefighters would staff the satellite station. Staff has been looking for mufti-purpose functionality of the facility to serve as a future polling place, emergency operations center, and training space. Police Chief Kalstabakken reported that Dakota County has decided to use their its old maintenance facility on Biscayne Avenue for a Central Command Post, but the Chief noted that Rosemount needs an independent facility. Emergency response time was discussed. The majority of emergency calls are for medicals. Usually the first on scene are the police. second the firefighters. and third, ambulance service. Health East Ambulance senices Rosemount, Eagan, Mendota Heights, and South St. Paul. Response time is tracked for every call. Staff recommended retaining Vetter Johnson Architects for the design. Vetter Johnson was the architect for Fire Station 41. Council members expressed concern about retaining an architect without having a request for proposals (RFP). Staff had researched what other communities had experienced as architect fees for recent projects and found that the 7.5% requested by VJA was very competitive with other projects. Council directed staff to pursue a reduced architect fee, in exchange for not doing an RFP process, to assure the public that the City was appropriately managing public dollars. A voter approved referendum is not required to finance public safety buildings such as a new fire station with general obligation bonds, although there is a petition process that allows the question to be put to on the ballot. Financial Consultants at Springsted have recommended that the City issue the debt before the end of May due to pending legislation that could adversely affect the City's options for financing the project. The City Council public hearing would occur in early 1 1 1 April. Preliminary cost estimates are that an average value home would see an approximate $27 per year tax increase in 2006, although future debt retirement and continued growth in the community will lessen the financial impact. Informational meetings will be held prior to the public hearing, probably' at the end of March. Council directed staff to move ahead with the project schedule. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 9, 2005 Downtown Beautification City Engineer Brotzler and Public Works Superintendent Cook presented prices and examples of other Minnesota communities that have enhanced their downtown areas with hanging baskets. Funds could be used from the SICB landscaping deposit of 525,000. The biggest obstacle is the daily watering needs of the baskets. That would mean installing watering lines for water access and labor to water each basket. Staff has received notice that the Flower Garden Club has been dismantled, so volunteers from that group cannot be counted on for watering. Businesses may be interested in maintaining plants in front of their stores. Council Member Shoe Corrigan and Mayor Droste wanted to see a common theme with ornamental trees, shrubs and flowers to commercial areas. Additional banners and holiday lights would also enhance the commercial areas. City Council suggested forming a sub committee through the Parks Recreation Commission to consider these options. Rita Dupre was recommended as a leader for this sub- committee. Council and staff recommended floor planters rather than hanging baskets. UPDATES City Administrator Verbrugge noted that the Leprechaun Days Agreement will be considered by City Council on February 15 The agreement has been worded much the same as the Haunted Woods agreement. City Administrator Verbrugge reported that the Webb Company has offered a "Lucy" statue which will be displayed in the lower lobby of City Hall. Lucy's theme uniform is portrayed as a police officer. City Administrator Verbrugge invited City Council to tour the City Hall to explain some remodeling that will combine two conference rooms to allow for a larger size meeting room, and moving files from engineering, planning, and administration to the small conference room off the lobby area. The restrooms will also be remodeled. Mayor Droste asked staff to price out shades for the upper windows in the Council Chamber. Community Development Director Lindquist had been contacted by a company interested in developing the Wachter land. It is a lumberyard, not retail, which would use a rail spur and have mostly outdoor storage. The business park zoning doesn't allow that amount of outdoor storage. Council advised Lindquist not to change the business park zoning ordinance at this time. Mayor Droste reported he could not attend a Flint Hills training or a prayer breakfast with Governor Pawlenty and he invited the Council Members to consider attending. Council Member Sterner was interested. Also Council was advised that the American Legion will celebrate an anniversary on March 12 at 5:00 p.m. 1 1 Council Member Sterner noted that he has a coaching conflict on Wednesday evenings and asked if Council and staff would consider moving the regular Work Session meeting to Thursdays. Council was not opposed; however, they would like to consult with Council Member Baxter before deciding to change. The regular City Council Work Session was adjourned at 9:06 p.m. Staff took three Council Members on a tour of the proposed City Hall remodeling. The City Council's Agenda Packet is Clerk's File 2005 -6. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION FEBRUARY 9, 2005 Respectfully submitted, Linda Jentink. City Clerk Recording Secretary 1 1 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 15, 2005, 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, Sterner, Baxter and DeBettignies attending. City staff attending were City Administrator Verbrugge, Assistant Administrator Weitzel, City Attorney LeFevere, City Engineer Brotzler, Project Engineer Aderhold, Community Development Director Lindquist, Parks and Recreation Director Schultz, and Police Chief Kalstabakken. The Pledge of Allegiance was said. City Administrator Verbrugge presented a change to the resolution Item 8. Public Hearing: CR 38 and Trunk Highway 3, City Project 393. Mayor Droste moved to accept the agenda with the additional information for Item 8. Second by Sterner. Ayes: Five. The agenda was adopted. Public Comment Myron Napper, 3381 145 Street East, was unhappy with the public meetings held regarding development issues in the area of County Road 42 and Highway 52. Mr. Napper said that people needed more time for questions in a public forum and he said he did not feel the comment card process was effective. Napper requested the map legend be added to the display maps so residents can distinguish zoning districts. Mayor Droste reviewed the process and noted that these meetings were only to relay information to residents. A public hearing will be held in the future where residents can make public statements. 2005 Service Agreement with Leprechaun Days Committee Parks and Recreation Director Schultz presented the agreement between the City of Rosemount and the Leprechaun Days Committee. The City enacted a Special Events Policy last year to review in -kind services used in community events. The policy requires organizations to provide information about their organization, proof of insurance, and use of' city services. Staff has been working with Doreen Perkins to fulfill all the requirements. The Leprechaun Days Conunittee has fifteen to twenty members. It was noted that the events list in the agreement may be revised as participants apply. Mayor Droste and Council Members thanked Doreen Perkins for her help in pulling together details for the Leprechaun Days event. MOTION by Shoe Corrigan to approve the 2005 Service Agreement with the Leprechaun Days Committee. Second by Stemer. Ayes: Droste, Sterner. Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda. Second by Baxter. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes for February 1, 2005 Regular City Council Meeting a. Minutes for December 15, 2005 Work Session b. Minutes of January 26, 2005 Special Council Meeting c. Bills Listing ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 d. Donation Expenditure for Parks Recreation Department e. Accept Quote for Tactical Transport Vehicle, Law Enforcement Terrorism Prevention Program Grant for MAAC f. Compensation on Easement Acquisition Eastside Watermain, Phase II, City Proj. 345 g. Receive Plans Spec's/Authorize Ad for Bid Glendalough 5 Addition Street Utility Improvements, City Project 389 h. Mineral Extraction Permit Phasing Plan Update for Shafer Contracting Co. 04 -73 -ME i. Mineral Extraction Interim Use Permit in AG District for Stones 04 -80 -ME j. Mineral Extraction Permit Renewal for Danner. Inc. 04 -85 -ME k. Mineral Extraction Permit Renewal for Vesterra. LLC 04-86-ME 1. Mineral Extraction Permit Renewal for Ames Construction Ped 04 -87 -ME m. Meadows of Bloomfield Plat Dimension Correction n. Connemara Crossing Final Plat, Basic Builders 04 -83 -EP o. Glendalough 5th Addition Final Plat, Lundgren Brothers Homes 04 p. Joint Powers Agreement for Waste Abatement Community Funding Zoning Tex q. Zoning Text Amendment Nonconforming Buildings, Structures, and Uses 05 -01 -TA PUBLIC HEARING: 2005 Pavement Management Project, City Project 392 Mayor Droste reviewed the Public Hearing process for the audience. The affidavits of posted and mailed notice were on file with the City Clerk. City Engineer Brotzler explained the on -going management program to preserve and maintain the city streets. Project Engineer Aderhold was introduced and then gave a PowerPoint presentation on City Project 392. This year street and utility improvements are recommended for sections of 146 Street West, Canada Avenue, Dodd Court, and 130 Street West. Mr. Aderhold explained the index ratings used to determine when streets need repair. A street that receives no maintenance will last 20 to 25 years. The same street with the benefit of the Pavement Management Program will last 50 to 60 years. Council action requested tonight would approve a resolution that will order the project and authorize the preparation of plans and specifications. The assessment policy, 35 of the project will be funded by assessments. Staff has estimated that the assessment per lot will be between $4,000 and $4,700. The assessment hearing will be held in October. Funding for the remaining 65% of the project will be from the Capital Improvement Program (CIP), the Street Fund, the Sanitary Sewer: Water Fund. and Storrnsewer Fund. The project should start in early June and then proceed in phases allowing local residents entrance. Mayor Droste opened the meeting for public comment. Gary Coleman, 3290 149 Street West, said he was motivated to let City Council know that he was not happy with the special assessment for his property. Mr. Coleman blamed the need to fix the street on the increased development and felt the new developers should pay for the needed repairs. Mr. Coleman said his property taxes have gone up every year and it doesn't really matter if it is the city, the school district or the county increasing taxes. Mitch Becker, 3175 Lower 150 Street, reported his family will be celebrating a graduation in June and asked if he will be able to access his property. City Engineer Brotzler noted that the surface will be drivable 90% of the time. but they can't schedule construction around individual events. Residents will be advised of progress by a weekly update during construction. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 Mayor Droste asked City Engineer Brotzler to explain the assessment process for new developments. City Engineer Brotzler said that developers pay 100% for the cost of infrastructure. A city is not allowed by law to collect impact fees for streets. It is common to have cities use an assessment policy which requires affected property owner to pay 20% to 35 Minnetonka is the only city staff was aware of that does not assess for street repairs. City Administrator Verbrugge noted that some old cities that are built out do not have assessments, but they may spread the cost over the entire city and so it is paid through property taxes. MOTION by Droste to close the Public Hearing for the 2005 Pavement Management Project, City Project 392. Second by DeBettignies. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. City Council discussed the impact of new development. City Engineer Brotzler said that analysis has shown that it is truck traffic that breaks down streets not the number of trips cars use the same roads. Also past maintenance practices and weather can affect the road surface. Council Member DeBettignies recalled assessments applied to properties since 1981 in Rosemount. City Attorney LeFevere reported that it is rare that a city would not recover at least 20% of the cost of a project from assessments because that percentage is needed to issue bonds and finance the remaining cost. LeFevere said assessment policies provide for fair assessment practices and it is when the policy is changed that it can affect property owners unfairly, comparing past with present. In Minnesota, City Attorney LeFevere said lot size does not determine assessment amounts, but the benefit to the property is what can be assessed. Council Member Baxter said that a politician can never be told enough that a resident's property taxes are too high, but he felt the assessment policy is fair. City Engineer Brotzler noted that the project schedule should allow for the project to be awarded in early May. Residents will be updated in the most convenient way for the resident: e -mail, fax, mail, and city web page; and a public hearing will be noticed to all affected property owners in the fall. MOTION by Baxter to adopt A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2005 PAVEMENT MANAGEMENT PROJECT, CITY PROJECT 392. Second by DeBettignies. Ayes: DeBettignies, Shoe- Corrigan, Droste. Sterner, Baxter. Nays: None. Motion carried. County Road 38 (Bonaire Path) Trunk Highway 3 to East Tract Line of Reflections (Harmony) Street Utility Improvements, City Project 393 Mayor Droste invited City Engineer Brotzler to present City Project 393. The affidavits of posted and mailed notice were on file with the City Clerk. City Engineer Brotzler and Project Engineer Aderhold gave a PowerPoint presentation on City Project 393. The reconstruction of the streets will extend the street width to 42 feet. A retaining wall will be required on the north side of CR 38 on the east end. The street is currently a rural section with a ditch. That will be changed to curb and gutter. The corner lot on HWY 3 and CR 38 could be subdivided so two water and sewer stubs will be extended there. The estimated cost is $1,577,300. The schedule will largely depend on State Aid approval and a joint agreement 3 ROSEIVIOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 with Dakota County. The bids could be awarded as early as July 19, 2005. The assessment hearing will be held in October. Mayor Droste opened the Public Hearing for comments. Bonnie Rohr, 2813 132" Street did not agree that their lot would be subdivided in the future. They replaced their septic system nine years ago and do not intend on dividing the lot. Ms. Rohr sited a court case from January 31. 1992 by Judge Robert Carlin in Hastings who stated that the assessment must show a present benefit not a future one. Ms. Rohr also noted that other neighbors have had septic systems fail and have not complied with established laws. Ms. Rohr said she has lived here for 36 years and doesn't want to move. William Rohr, 3813 132 Street West, was against assessments for two services for their one home. Ivfr. Rohr said this would lead to many other expenses that are not necessary. Staff determined that his total assessment would be $22.800 for two units and a street unit assessment. He would be allowed two years to hook up. Allan Feldstien, 2694 132 Court West, reported that the water does riot drain well in this area. He asked about why his neighbor would not be assessed. Staff explained that the street assessments are levied only to properties that have driveways accessing the improved road. Mr. Feldstein argued that was unfair. Staff reported that the curb and gutter will eliminate the need for ditches and minimize outlets connecting to the storm sewer system. City Engineer Brotzler reported that Council can consider allowing a longer time to connect for this area by creating a special district. This will require City Council approval. City Engineer Brotzler noted the amendment to the recommended resolution allows for an extended time period to consider a contract to December 31, 2006. MOTION by Droste to close the Public Hearing for County Road 38 (Bonaire Path) Trunk Highway 3 to East Tract Line of Reflections (Harmony), Street Utility Improvements. City Project 393. Second by DeBertignies. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. City Council asked for the City Attorney LeFevere's interpretation of allowing two services to one parcel. Mr. LeFevere noted that the fair market value increase due to the improvements should equal the assessment. He noted that if a parcel can be subdivided is somewhat speculative, but it is generally considered if a willing buyer would accept the cost of the assessment value, not if the current owner would. The benefit of sewer and water is easy to prove. Council questioned if the second service assessment could be held until the lot is divided. Council Member Baxter said he would accept if the owner would only want one service now. If in the future someone would request another service. they would be responsible to pay the going rate. Baxter also understood staffs thinking that it is cost effective to prepare for two services now. City Engineer Brotzler said that this can be considered when the plans are reviewed and there will be more time to consider this area as a special district for assessments. Council Member Shoe Corrigan asked if 132" Court would be upgraded. This could be requested by residents with a petition requiring 35% of affected resident's signatures. There are two septic 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 systems that have failed on 132' Court. One of the residents is pumping their system each month. MOTION by Shoe Corrigan to adopt A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PLANS AND SPECIFICATIONS FOR COUNTY ROAD 38 (BONAIRE PATH) TRUNK HIGHWAY 3 TO EAST TRACT LINE OF REFLECTIONS STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 393. Second by DeBettignies. Ayes: Droste, Sterner, Baxter. DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Ordinance Amendment: City Code 3 1 On Sale Liquor License Limits Police Chief Kalstabakken presented an amendment to the City Code that would change the limit of on -sale liquor licenses in Rosemount. Rosemount had limited the number of on -sale licenses to six when State Statutes allowed 12. Last year the State of Minnesota made a provision to exempt restaurants, hotels. theaters, clubs, wine sales, and bowling centers from the number of permitted on -sale licenses. Rosemount currently has two establishments that are Class A, which is not dependent on the percentage of food sales. The two Class A licensed establishments are Shenanigan's Pub and Celt's Irish Pub and Grill. Council directed staff to limit the number of Class A licenses, thereby, controlling the number of bars operating within the city. The Class B licenses requires 51% food sales and these types of establishments would not be limited under Minnesota State law or the City of Rosemount. The Class A liquor license is also restricted from developing within 300 feet of County Road 42. Police Chief Kalstabakken was asked if he receives more police calls from the bars than the restaurants. He reported that Celt's gets the lowest number of police calls of all the licensed on -sale establishments However, in general it is expected that bars focusing more on the sale of alcohol will generate more calls for service than those establishments with a greater emphasis on other non alcoholic items. Chief Kalstabakken reported that most often it is how well the servers are trained in distributing liquor and handling patrons that will influence police involvement. Brandon Barth, Celt's manager and owner, asked Council to consider rewarding good conduct with a lower license fee. The Class A is now $4,500 compared to Class B at $3,000. Council Member Shoe Corrigan noted the past Council wanted to encourage family type restaurants on County Road 42, not bars. Council Member Stemer asked to discuss this at a work session so that past issues could be discussed. Council was agreeable to that. This is the first reading of the ordinance amendment. Participation in the Purchase of Conservation Easement Wiklund Property Parks and Recreation Director Schultz reviewed the opportunity to participate with the Minnesota Department of Natural Resources (DNR) and Metro Greenways (MG) and Dakota County in the purchase of a 25.15 acre conservation easement from Aina Wiklund. at 12110 Bacardi Avenue. The conservation easement purchase price is $500,000. The DNRIMG will provide $150.000 and Dakota County will provide $250,000. The City of Rosemount would provide $100,000 with $50,000 coming from the Park Improvement Fund and $50,000 from the DNR Remediation Fund Grant. The DNR would hold the Conservation Easement and have a management plan for the area. The Conservation Easement will be to preserve the woods, wildlife, and meadow and will restrict any development. This will provide an important wildlife 5 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 habitat and serves as a component of a larger wildlife corridor as described in the Northern Dakota County Greenway and Metro Wildlife Corridors Project. Council considered this a great opportunity and appreciated Ms. Wiklund's strong desire to preserve this area. MOTION by Sterner to approve the Memo of Understanding and expenditure of $100,000 to participate in the purchase of a Conservation Easement on the 25.15 acres owned by Aina Wiklund at 12110 Barcardi Avenue. Second by Shoe- Corrigan. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming regular meetings. He noted that City Hall will be closed on February 21, 2005 for Presidents Day. Mayor Droste moved to adjourn the meeting at 9:51 p.m. Second by Sterner. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -07. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, March 1, 2005, 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, Baxter, and Sterner attending. Council Member DeBettignies entered the meeting at 7:45 p.m. Staff members present were Assistant City Administrator Weitzel, City Attorney LeFevere, Parks Recreation Director Schultz, Community Development Director Lindquist, City Engineer Brotzler and Communications Coordinator Cox. The Pledge of Allegiance was said. Assistant City Administrator Weitzel presented two additional items for the agenda. Staff requested a special meeting on March 23, 2005 to discuss the building of Fire Station #2 and a change on the Conservation Easement Grant for the W'iklund property required discussion under Old Business. Mayor Droste moved to accept the agenda with the additional Item 6.k. Set Special Meeting March 23, 2005 and Item 7.a. Participation in the Purchase of Conservation Easement Wiklund Property. Second by Sterner. Ayes: Four. Nays: None. The agenda was adopted. Response to Public Comment: 42/52 Land Use Study Community Development Director Lindquist responded to Mr. Napper's concern about two open houses held regarding the 42/52 land use concept plan. Staff gave twenty- minute presentations on the transportation and land use map and spoke about the planning process. The audience then had an opportunity to ask questions regarding the project specific to their property. Formal public hearings will be held at a Planning Commission meeting this spring. Mayor Droste noted that an open house is a valuable venue for residents to fully understand the impact of projects. Droste thanked Mr. '_Mapper for his suggestion of making the maps more user friendly by adding a color key to denote zoning. Consent Agenda MOTION by Baxter to approve the Consent Agenda with the addition of Item 6.m. and the removal of Item 6.g. and 6.1. for discussion. Second by Sterner. Ayes: Baxter, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. a. Minutes of February 15, 2005 Regular City Council Meeting b. Minutes of February 9, 2005 Work Session c. Bills Listing d. Expenditure Approval from the Donation Account for Parks Recreation Dept. e. Naming an Additional Depository/Financial Institution f. Petition to Dakota County for Noxious Weeds g. Receive Bids /Award Contract Well #12 Wellhouse, City Project #354 h. Receive Plans Specifications /Authorize Ad for Bid Connemara Crossings, City Proj.391 i. Hiring of Management Analyst j. City of Rosemount Lot Split, Bester Property, Case 05 -06 -LS k. Set Special Meeting March 23, 2005 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 2005 Participation in the Purchase of Conservation Easement Wiklund Property Parks and Recreation Director Schultz reported that the Department of Natural Resources (DNR) contacted City staff to say that during the final `rant review questions were raised regarding the purchase of a conservation easement that would require revisions. Staff is prepared to resubmit the grant but would like direction from City Council in the event funding from the DNR Remediation Grant is not received. The City is partnering with the DNR, Metro Greenways, Friends of the Mississippi and Dakota County for the 25.15 acre conservation easement from Aina Wiklund at 12110 Bacardi Avenue. The purchase price is $500,000. The City of Rosemount's portion is $100,000, with $50,000 to come from the DNR Remediation Grant and $50,000 from the Parks Improvement Fund. Staff recommends additional funds, if needed, also come from the Parks Improvement Fund. -Mayor Droste and all Council Members agreed this parcel was a pristine piece of green space and a valuable property to keep in its natural state for the future generations. MOTION by Shoe- Corrigan to approve spending an additional $50,000 from the Park Improvement Fund to participate in the purchase of a Conservation Easement on the 25.15 acres owned by Aina Wiklund at 12110 Bacardi Avenue. Second by Sterner. Ayes: Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. Council Member DeBettignies arrived at the meeting. City Attorney LeFevere noted that an additional complication to this Conservation Easement is that the parcel does not have road access to Bacardi Avenue. The adjoining* land owner, Earl Bester, is in negotiations to sell the needed strip of land for this purpose which is contingent for the purchase agreement by the DNR. The DNR has indicated it may not be willing to waive the contingency if negotiations are not complete by the closing date. Partnering with several agencies is very complex. This could delay or stop the conservation easement. LeFevere asked City Council if they are willing to proceed if funds are frozen or cancelled. Council noted that risk is part of every project and they were willing to move forward. MOTION by Baxter to waive the contingency on the closing for acquiring the Bester property. Second by Shoe- Corrigan. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. City Acquisition of 3205 143 Street Community Development Director Lindquist reviewed the discussion held at the Port Authority Commission and City Council work sessions regarding the purchase of the building at 3205 143` Street. City Attorney LeFevere advised it would be more appropriate for the City of Rosemount to purchase the property than the Port Authority because the property is not in the Downtown Redevelopment TIF District. The property is a non conforming use having a daycare on a public institutionally zoned site. The home on the site would be removed. The open space would be a potential site for signage or an appropriate gateway feature announcing the downtown area. There are three documents required: 1) purchase agreement, 2) lease agreement and 3) Contract for Deed. The Port Authority Commissioners had raised questions regarding relocation costs and interest rates. Staff was willing to report back with additional information. 2 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 1, 2005 MOTION by Sterner to continue the action of acquisition of property at 3205 143` Street until further information is received at the next meeting. Second by Shoe Corrigan. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming regular meetings. A special meeting is scheduled for March 3 for Commissioner interviews at 6:30 p.m. On March 9, the Council Work Session will begin one -half hour later, 7:00 p.m. to allow Council to attend the Partners in Progress presentation. Mayor Droste mo ed to adjourn the meeting at 7:56 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -08. Respectfully submitted, Linda Ientink, City Clerk Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING MARCH 3, 2005 A special meeting of the Rosemount City Council was held on Thursday, March 3, 2005 beginning at 6:30 p.m. at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, DeBettignies, Baxter and Sterner in attendance. City Administrator Verbrugge also attended. City Council interviewed seven applicants for city appointed commission positions. Those interviewed were: Kelly Sampo, Thomas Kempe, Bruno DiNella, John Powell, Eric Johnson, Jason Messner, and Mark Jacobs. City Council directed staff that final recommendations would be presented at the regular meeting of March 15, 2005. Mayor Droste made a motion to adjourn the meeting. Motion passed 5 -0. The meeting was adjourned at 9:20 p.m. Respectfully submitted, The City Council Special Meeting Packet is Clerk's File 2005 -09. Jamie Verbrugge, City Administrator DISCUSSION 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 9, 2005 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, March 9, 2005 at 7:10 p.m. in the Council Chambers at City Hall. The later start time was due to Dakota Electric's Partners in Progress program held in Eagan, Minnesota. Mayor Droste and Council Members Shoe Corrigan, Sterner, Baxter and DeBetti were present. Also in attendance were City Administrator Verbrugge, City Engineer Brotzler, Community Development Director Lindquist, Finance Director May, Police Chief Kalstabakken, Parks and Recreation Director Schultz, Communications Coordinator Cox, and Water Resource Coordinator Donnelly. Resident Survey/Decision Resources City Administrator Verbrugge introduced Dr. Bill Morris from Decision Resource Ltd. to give an overview of the recent phone survey in Rosemount. Since 1997, the City has undertaken surveys approximately every two years to measure resident's satisfaction and help direct staff and City Council on goals and priorities. Dr. Morris reported that the average phone call was 37 minutes in length. The longest call was over two hours which set a new record for survey responses. The survey has a correction factor of or 5 points. Dr. Morris presented the survey results in comparison to the last four surveys. The population has increased to over 20.000 and most people who have moved into Rosemount in the last two years have come from other cities in Dakota County. One out of five residents was from out -of- state, and 36% of the population was over 55 years of age. Rosemount received excellent scores in city service satisfaction putting it in the top 25% of all metropolitan suburban ratings. Residents were not interested in raising taxes to expand services. Residents felt safe at home and felt crime was down. Residents showed a strong sense of neighborhood with 25% participating in block parties. The question for an athletic complex showed the highest support for a youth center, then a senior center. next an aquatic center. and last a ice sheet. Dr. Morris noted that those interested in swimming included senior citizens. Residents had concerns about the new grov,th here and wanted the small town feel to remain. Dr. Morris explained that key questions are rotated from their location within the survey, first, middle or last sections, in order to avoid the influence of fatigue on the resident which may affect their answers. Dr. Morris said that if a referendum is being considered the residents would need to be educated about the need and cost. Lebanon Hills Regional Park Stormwater City Engineer Brotzler presented a map that showed the 1.100 -acre water shed in Rosemount that flows north into Eagan and Lebanon Hills Regional Park area. Rosemount has not changed the water drainage patterns in this area. It is all rural residential lots, mostly undeveloped land. Dakota County Parks and the City of Eagan are looking for solutions to the flooding that has occurred over the past few years. When the City of Eagan developed a trunk storm sewer system in the early 1980's, the County indicated that the drainage within Lebanon Hills Regional Park would be contained and did not need to be accommodated for. Brotzler presented a draft resolution outlining a policy for Rosemount to manage drainage in the 1,100 -acre water shed. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 9, 2005 Eagan proposed two solutions; 1) hold all the water in Rosemount; or 2) upgrade Eagan's system at a cost of $1.900,000_ Eneineer Pete Willenbring. WSB Associates, Inc. noted in his memo dated January 21, 2005, that there are approximately 20 ponds available to store runoff in the Rosemount watershed. A ten -day snowmen could be contained in these basins. These basins are on private property, so permission from the property owners would be needed unless the City undertakes condemnation proceedings. City Engineer Brotzler noted that the final solution to this issue will likely invite financial participation by the City of Rosemount. Mr. Brotzler noted that in a 1980 report for the Vermillion River Watershed, Rosemount was mistakenly reported as being entirely in that watershed. The northern section of Rosemount has 1,100 acres that drain north to Eagan. City Council Member Shoe Corrigan noted that preserving open space is a benefit to all residents. She noted that partnering, to be part of the solution, is better than being part of the perceived problem. Mayor Droste noted that in 1993 the Comprehensive Guide Plan met with strong opposition from the Metropolitan Council to develop higher density than rural residential Eagan followed that recommendation on their southern border and Rosemount kept rural residential zoning on their northern border. Mayor Droste did not agree with the DNR action to stock Holland Lake with trout which requires stricter preservation regulations. Council Member DeBettignies noted that a cooperative solution is good, but Rosemount is not part of the problem. DeBettignies said the drainage was not planned out properly. Mayor Droste noted that there may be group assessments for the Vermillion River Watershed preservation in the amount of S5 million. Council Member Baxter was willing to spend some money to be a good neighbor but it must serve a benefit directly to Rosemount and be a reasonable cost. It was noted that future councils may not agree. City Administrator Verbrugge and City Engineer Brotzler were directed to draft a letter to the City of Eagan and Dakota County Parks Department presenting cooperation with willing property owners to manage storm water. Comprehensive Wetland Management Plan City Engineer Brotzler is recommending amendments to the Comprehensive Wetland Management Plan written in 1998. This established wetland management strategies and objectives in relation to land development. The plan is designed to maximize the benefit that surface waters can provide to the environment and community'. The amendments recognize new legislation affecting wetland management which protect and preserve higher quality wetlands. City staff formed a wetland task force consisting of Water Resource Coordinator Chad Donnelly, Utilities Commissioner Joan Schnieder, Planning Commissioner John Powell, Planning Commissioner Weisensel. WSB Engineer Andi :Moffatt, and Council Member Kim Shoe Corrigan. Mr. Brotzler said a public hearing will be held April 5, 2005 at the regular City Council meeting for the first reading of the amendments. Mayor Droste called for a ten minute break. The meeting resumed at 9:40 p.m. Budget Encumbrances Finance Director Jeff May made a presentation on the General Fund balance and encumbrances for the 2004 budget. The Fund Balance Policy dictates that reserves are to be held at 5594 of the 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 9, 2005 next year's operating budget. Rosemount is fortunate to have increased residential building going on that will supply additional income for Rosemount. The Brockway development will not be on the tax rolls for several years because it is part of a Tax Increment Financing District. Finance Director May reported that staff is instructed to be conservative and they are told they do not have to spend it or lose it at the end of each year. The State Legislators will more than likely remove the Market Value Homestead Credit which will lower State aid for Rosemount. Staff recommends it would be best to reflect the 55% final year -end fund balance without encumbering for this potential cut. It will be reviewed after the legislative session is over. The reserves help cover these types of changes. Mayor Droste noted that it is not appropriate for government w have savings accounts because the residents should be able to have those savings under their own control. City Administrator Verbrugge noted some large expenses coming up; 1) the architects report on St. Joseph's potential use and 2) bonding on Fire Station 42. The amount to be redesignated to the CIP Funds is $590,000 for building projects. Liquor License Ordinance Amendments Police Chief Kalstabakken and Community Development Director Lindquist presented the liquor ordinance that currently restricts the total number of on -sale liquor licenses (Type B) to six. It also restricts the on -sale "bar" (Type A) from being located adjacent to or within 300 of County Road 42. The two existing bars, Celts and Shenanigans. are located on Highway 3. Class B liquor licenses require 5196 food and non alcoholic beverage sales. Community Development Director Lindquist noted that residents have indicated they would like to have more good restaurants that serve liquor. The past council desired the development along CR 42 to offer more retail opportunities than just bars so they added more restrictions. Discussion ensued regarding the necessity now for the CR 42 restriction. Council Member Sterner hoped that if any relocations of the two existing bars would occur, staff and Council would be helpful in relocating them in Rosemount. Lindquist noted that Rosemount has limited inventory of parcels available for development. Council Members Baxter, DeBettignies, and Sterner were okay with bars on CR 42. Mayor Droste noted that the townhome owners on 151" Vest. south of CR 42 would not be pleased with allowing bars there. Council Member Shoe Corrigan reminded Council that this may also be an issue when the intersection at CR 42 and TH 52 are reguided. Staff was directed to place this on the agenda under Old Business for discussion and action on March 15, 2005. 800 MHz Radio Police Chief Kalstabakken presented a proposed new radio system that would consolidate dispatch centers and update safety strategies as mandated by Minnesota State Statutes 473.904. The current system is analogue with out -dated technology. A partnership has been formed with Dakota County Board, Metro Radio Board and cities in Dakota County to use 800 MHz which can adapt to growing demands. Dakota County has Home Land Security funds available that should be spent by November this year. Rosemount now spends $75,000 contracting with Eagan Dispatch. Lakeville and West St. Paul spend over $120,000 per year. Rosemount will be able to remain with Eagan until 2007. Council consensus was to remain with Eagan Dispatch. Chief Kalstabakken noted that hand -held radio units will cost about $2000 apiece with the 800 Iv!Hz system and each police officer will need one. Police Chief Kalstabakken presented an update on information related to the transition to an 800 MHz radio system. This transition was recommended as part of a mandated radio study and plan that was prepared for Dakota County Public Safety agencies beginning in 1997 and last updated in 2004. Dakota County will pay for the building of the infrastructure needed for the 800 MHz system. It is quite likely that the 3 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 9, 2005 implementation of the 800 NfHz system will result in some consolidation of dispatch centers. There are currently six dispatch centers in Dakota County. The move to 800 MHz and consolidation of dispatch centers are separate issues but intricately related. The'Eost of 800 MHz and the allocation of gant money from the Metro Radio Board encourages the consolidation efforts. There are two separate groups working on similar aspects of the radio system implementation within Dakota County. The groups are the 800 MHz implementation group and the HiPP dispatch consolidation group. Each has sub committees working on design and policy issues. Although separate working groups. the groups have common membership and are sharing information. Because of timelines related to the spending of grant funds and the need to submit a plan to the Metro Radio Board, decisions are being made quickly. This does not directly impact Rosemount, but does impact the cities that operate dispatch centers. Rosemount will not need to make a decision on dispatch options until at least the time when any consolidated 800 MHz dispatch center is functional. At that time, Rosemount may still remain contracting with Eagan for dispatch services or switch to the 800 MHz system. Because Eagan just updated their radio system, it is likely they will continue to operate their center for a few years after the 800 MHz system is operational. Rosemount has a very favorable financial agreement with Eagan in comparison to other contracting cities within Dakota County. It is anticipated that Rosemount's only cost to transition to the 800 MHz system will be the replacement of portable and mobile radios. These radios are more costly than the current VHF radios, costing about S2000 each for the portables. Council will be updated as additional information is leamed and as Rosemount moves into the decision making time period. UPDATES Park Signs Parks and Recreation Director Schultz displayed new signs recommended for identifying Rosemount's parks with the new city logo. The six signs with Rosemount's marketing Visual Identity System (V IS) were budgeted for in 2004 and 2005. The material is a durable plastic lumber with green background and white lettering. There will be a landscaped area around each sign. Council agreed to complete the new signs for the Family Resource Center. Bloomfield Park, Birch Park, Claret Park, Jaycee Park and Winds Park. Nlayor Droste asked about additional signs to be placed at Schwarz Pond Park and Erickson park. NIr. Schultz will look at funding resources to determine if additional signs can be ordered. Fire Station #2. City Administrator Verbrugge reported that the architect is ahead of schedule and a public hearing is scheduled for April 5, 2005 at the regular City Council meeting. The bond must state a not -to exceed cost which is recommended at 52.63 million. Moody Bond Rating will complete a community tour soon in the hope of upgrading the City's rating. Mayor Droste reported that the Fire Department has strong support for the new fire station. Staff did receive one negative phone call from a resident against the fire station and the library due to tax increases. 4 1 ROSEMOI JNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION NLARCH 9, 2005 Volunteer Recognition Rosemount will host an appreciation dinner on Wednesday, April 20, 2005 for people that have contributed to the conununity. This will include people in local organizations. schools, city commissions. staff, and police reserves. Alan Cox will be looking for nominations to recognize people for their accomplishments. Council briefly discussed ordering new shirts with the new VIS on it. It was thought that residents would be interested in ordering Rosemount shirts from the web page, newsletter, and at Leprechaun Days. City Administer Verbrugge noted a resident of Rosemount Woods Mobile Home Park requested an ordinance be developed to protect the home value of the residents there. This will likely be discussed at a future work session. The City Council and City Staff recommended planning a goal setting session on April 22nd and 23 with Craig Raputty to discuss a fifteen -year vision. Mayor Droste noted that the American Legion was honoring the police officer and firefighter of the year on March 12. Council Members Baxter. DeBettignies, Sterner and Shoe Corrigan will attend. The meeting will be noticed. Motion by Mayor Droste to adjourn the meeting at 11:20 p.m. Second by Sterner. Ayes: Five. Motion carried. The City Council's Agenda Packet is Clerk's File 2005 -10. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSENIOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday. March 15. 2005. 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, Baxter, Stemer and DeBettignies attending. Staff members present were City Administrator Verbrugge, City Attorney LeFevere. Parks Recreation Director Schultz, Community Development Director Lindquist, City Engineer Brotzler, Communications Coordinator Cox, and Finance Director May. Boy Scouts, Troop 207 presented the Colors and led the group in the Pledge of Allegiance. City Administrator Verbrugge presented three additional items for the consent agenda and a map for Item 8.a. Ordinance Amendment of City Code 3 -1 -2. Liquor Regulations. The Consent items were 1) Lebanon Hills Regional Park Stonnwater, 2) Driveway Easement for Wiklund Property, and 3) Community of Hope Lutheran Church Administrative Plat and Conditional Use Permit. Mayor Droste moved to accept the agenda with additional Consent items 6.r., s. and t. and to add the map for consideration on item 8.a. Second by Shoe Corrigan. Ayes: Five. Nays: None. The agenda was adopted. Eagle Scout Awards Mayor Droste commended Mark Croke and Chase Raberge for receiving the highest award achievable from the Boy Scouts of America program. the Eagle Award. They have displayed outstanding qualities that benefit Rosemount's residents and reach beyond our community. Mark Croke gave an overview of his Eagle Scout project, which was to clean ten miles of the Zumbro River. Mark worked with ten boy scouts and ten adults with six canoes and a flat boat on October 16, 2005. They were able to recover 500 to 800 pounds of debris including six tires from the river. Mark said it was cold, but no one got wet and the trip was successfiil. Mark's Scoutmaster was Bill Kilzer, Troop 207 and Tom Hannash was the Scout Committee Chair. Marks parents are Patrick and Louise Croke. Scoutmaster Tim Bishop introduced Chase Raberge from Troop 270. Chase's project was to refurbish the headquarters of the Turn in Poachers Organization, 2995 Sibley Memorial Highway, Eagan. He led a team of twenty people on two weekends cleaning and trimming landscaping. Chase is a senior at Rosemount High School His parents are Todd and Kim Raberge. Mayor Droste presented Certificates of Acknowledgements to Mark Croke and Chase Raberge Mayor Droste and Council Members applauded the Eagle Scouts and their initiative to better their world. Mayor Droste also thanked the boy scout families who supported them and set good examples. Spirit of Rosemount Awards Police Chief Kalstabakken reported an incident when a life was saved by strangers giving aid. Lyndon Cowell had traveled 60 miles to see his grandson in a swim meet at Rosemount Middle School. As he watched he experienced chest pains and quickly became unconscious. Three 1 women came to his side and began CPR procedures. His grandson. Joshua Beasley, knew where the automatic external defibrillator (AED) was at the school. Josh ran to get the AED and brought it back to his grandfather's side. Barbara VailOdash, Mary Lalla and Diane Shoemaker were successful in reviving Lyndon Cowell. Joshua also convinced his reluctant grandfather to enter the ambulance. Mr. Cowell's family expressed great thanks for the willingness of the women to give aid and the forethought of the school district to have an AED available. Mayor Droste presented the Spirit of Rosemount certificates to Barbara VailOdash, Mary Lalla, Diane Shoemaker, and Joshua Beasley for their heroic and life saving actions. Consent Agenda Council Member Sterner requested Consent items 6.m, and 6.n. be pulled for discussion. Mayor Droste requested that item 6.r. be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the addition of item r., s. and t. and the removal of m., n. and r. for discussion. Second by Shoe Corrigan. Ayes: Baxter, DeBettignies, Shoe Corrigan. Droste, Sterner. Nays: None. Motion carried. a. Minutes of March 1. 2005 Regular City Council Meeting b. Minutes of March 3, 2005 Special Meeting, Commissioner Interviews c. Bills Listing d. Receive Donation for Parks Recreation Department e. Expenditure Approval from the Donation Account for Parks Recreation Department f. Encumbrance of 2004 Budget Items Forward to 2005 g. Fund Balance Transfer.'Encumbrance h. Medical Leave for a Firefighter i. Dakota County Drug Task Force Joint Powers Agreement j. Payment #6 Final for Keegan Lake Outlet, City Project 343A k. Payment #8 Final for Evemtoor Clare Downs and Crosscroft Street Utility Improvements, City Projects 358 and 359 Receive Bids /Award Contract for Well No. 14, City Project 382 1. n. o. P. q. le Moadows of Bloomfield Third Addition final Plat and Subdivision Development Air..Lm..il[. Planning Case 05 0.; FP Set Special Meetings for Fire Station #2 Set Public Hearing Date for the Issuance of Bonds for Fire Station #2 Kathy Trimble Custom Homes. Inc. PUD Master Development Plan and Final Site and Building Plan and Preliminary Plat s. Add -On Driveway Easement for Wiklund Property t. Add -On Community of Hope Lutheran Church Administrative Plat and Conditional Use Permit Meadows of Bloomfield PUD Major Amendment, Planning Case 05- 04 -AMID Council Member Sterner had concerns about the reduced density and a pipeline easement near 2 ROSEMOL>NT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 2005 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 2005 homes. Community Development Director Lindquist noted that the Planning Commission had held a public hearing for the PUD amendment. The pipeline setbacks and fronryard setbacks have been maintained. The new housing type introduced is a two -story single family detached house that will tit on a 56 -foot wide lot. There are seven lots that have room for a third garage stall so the developer is asked to place homes on the lot to allow an expansion of a 3 stall. Chad Onsgard of Centex Homes, reported that the homes have separate small lots. There is a master homeowners association which will attend to maintenance of all boulevards. The single- family homes will not belong to the homeowner's association. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE MAJOR AMENDMENT TO THE MEADOWS OF BLOOMFIELD PLANNED UNIT DEVELOPMENT subject to conditions. Second by Baxter. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: Sterner. Motion carried. Meadows of Bloomfield Third Addition Final Plat and Subdivision Development Agreement, Planning Case 05 -05 -FP Community Development Director Lindquist noted that this is consideration for the final plat which is affected by the previous item's approval. The 33- townhouse units are replaced by 26 single family lots in Block 1. Several single family lots have been eliminated as a result of responding to a demand for larger houses. The development is 44.5 acres and provides for 118 single family lots. MOTION by Sterner to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR MEADOWS OF BLOOMFIELD THIRD ADDITION subject to conditions and to authorize the execution of the subdivision development agreement. Second by Baxter. Ayes: Droste, Baxter, DeBettignies, Shoe Corrigan. Nays: Sterner. Motion was withdrawn. Discussion ensued. Council Member Baxter called a Point of Order noting that the motion maker cannot vote against his own motion per Roberts Rules. City Attorney LeFevere was unaware of this rule. Council agreed to repeat the motion. MOTION by Baxter to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR MEADOWS OF BLOOMFIELD THIRD ADDITION subject to conditions and to authorize the execution of the subdivision development agreement. Second by DeBettignies. Ayes: Shoe Corrigan, Droste, Baxter, DeBettignies. Nays: Sterner. Motion carried Lebanon Hills Regional Park Stormwater Mayor Droste requested an explanation of this drainage policy. City Engineer Brotzler reviewed the resolution noting Rosemount's ability to divert 300 acres of runoff away from Lebanon Hills Regional Park to the south and setting a policy in place to make improvements for downstream flood protection benefit. Council Member Baxter pointed out a language change in condition 1. that would add the statement "at a cost deemed reasonable by Rosemount." It was questioned if the "City" referred to City of Rosemount or City Council. City Engineer Brotzler noted that any cash compensation is always considered by City Council. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 2005 MOTION by DeBettignies to adopt A RESOLUTION OUTLINING POLICY FOR MANAGING OF DRAINAGE FROM AREAS IN ROSEMOUNT TO LEBANON HILLS REGIONAL PARK with the structural word change on condition 1.. page two to include, "at a cost deemed reasonable." Ayes: DeBettignies, Shoe Corrigan, Droste Sterner, Baxter. Nays: None. Motion carried. PUBLIC HEARING: Liquor License Fee Changes City Clerk Jentink presented the fee increases to liquor licenses for off -sale 3.2% malt, temporary on -sale intoxicating. temporary on -sale 3.2% malt, bottle club, and amendment application The fees had been reviewed in December, 2004 with the annual Fee Resolution. Springsted and Associates reviewed all permit and license fees at that time and made recommendation to increase these liquor license fees. All liquor establishments received a 30 -day written notice to respond at this public hearing. Mayor Droste opened the Public Hearing for liquor license fee changes. No comments were received. MOTION by DeBettignies to close the Public Hearing for liquor license fee changes. Second by Baxter. Ayes: Five. Nays: None. Motion carried. MOTION by Baxter to approve the liquor license fee increases as presented in the Fee Resolution for 2005. Second by DeBettignies. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Ordinance Amendment City Code 3 -1 -2, Liquor Regulations Police Chief Kalstabakken presented an amendment to the liquor regulations that would update the changes made by the legislature in liquor license limits in Minnesota. Rosemount has held on -sale liquor licenses to six when state law would allow twelve. The legislative change does not limit the number of liquor establishments if it is a restaurant, hotel, theater, club, wine store or bowling center. This definition leaves only two liquor establishments with Class A "bar" liquor licenses, Celts and Shenanigans. Staff is proposing to limit the Class A license available at two in order to encourage more restaurant type businesses that residents have indicated they would like. City Attorney LeFevere noted that the area approved for a liquor license can be part of a strip mall and our ordinance requires a liquor business must be 300 feet from a church or school. There is no restriction for a liquor license to be issued near a daycare. Council discussed the restriction for a 300 -foot right -of -way from County Road 42 for a Class A liquor license. This restriction could push a bar closer to residential on 151' Street. Council Member Shoe Corrigan was concerned for the future development of County Road 42 to the east and the effect of this restriction. Staff indicated the restriction was intended for the downtown area, Diamond Path to Highway 3. Council Member DeBettignies considered the ability for a hotel to have a lobby bar without food. DeBettignies did not wish to deter a developer from Rosemount because of the limited number of Class A liquor licenses available. Mayor Droste said that the 42/52 corridor development that is in process may affect the liquor requirements. Droste suggested approving the recommended amendment and reviewing this again when the whole County Road 42 corridor zoning is decided. Council Member Sterner agreed. Community Development Director Lindquist recommended if more Class A liquor licenses are allowed that only hotels would be included. MOTION by DeBettignies to approve amendments to City Code 3-1-2, paragraphs B and L related to liquor regulations. Second by Sterner. Council Member Shoe Corrigan requested a friendly amendment to the motion with the elimination of the sentence restricting development along CR 42. DeBettignies and Sterner agreed to the change. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 15, 2005 MOTION by DeBettignies to approve amendments to City Code 3 -1 -2, paragraphs B and L related to liquor regulations including the elimination of the sentence in Section 3 -1 -2, paragraph B2, regarding the 300 foot right-of-way. Second by Sterner. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. City Acquisition of 3205 143` Street West Community Development Director Lindquist reported that the interest rate was reduced one percentage point, to 6N, and the relocation cost, though not final, \\rill likely be $20.000. Council Member Baxter said the relocation cost could be better described as a displacement cost in this case. Wilson Development has handled the negotiations for the purchase agreement and relocation. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PURCHASE OF 3205 143 STREET WEST FOR DOWNTOWN ROSEMOUNT REDEVELOPMENT. Second by Baxter. Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. Commissioner Appointments Mayor Droste and Council Members were proud that the applicants for the commissioner positions were high quality citizens who were willing to step forward and serve the City. Applicants were interviewed by Council and City Administrator Verbrugge on March 3, 2005. City Council recommends the following appointments: Kelly Sampo, Parks Recreation to finish Phillip Sterner's 2 -yr. term, expiring 2007 Eric Johnson, Parks Recreation 3 -yr. term to 2008 Mark Jacobs, Parks Recreation 3 -yr. term to 2008 Thomas Kempe, Utilities Comm. 3 yr. term to 2008 Bruno DiNella, Port .Authority 6 -yr. term to 2011 John Powell, Planning Comm. 3 -yr. term to 2008 Jason Messner, Planning Comm. 3 -yr. term to 2008 MOTION by Droste to appoint commissioners as presented: Kelly Sampo -Parks Recreation 2 -yr. term, Eric Johnson. Parks Recreation 3 -yr. term, Mark Jacobs. Parks Recreation 3 -yr. term, Thomas Kempe, Utilities 3 yr. term, Bruno DiNella, Port Authority, 6 -yr. term, John ROSEMOUNT CITY PROCEEDINGS REGCZAR MEETING MARCH 15, 2005 Powell, Planning 3 -yr. term; and Jason Messner, Planning, 3 -yr. term. Second by Sterner. Ayes: DeBettignies, Shoe Corrigan. Droste. Sterner. Baxter. Nays: None. Motion carried. Legislative/Intergovernmental Parks and Recreation Director Schultz reported on the legislative initiative by the Solid Waste Management Coordinating Board to create a viable solution for electronic waste. On July 1, 2005 electronic wastes will no longer be allowed in landfills. Electronic products usually contain lead and contribute to our water, air, and soil pollution. The resolution suggests requiring manufacturer responsibility, and reliable and convenient collection options, and a funding method that does not require substantial end -of -life fees. MOTION by Sterner to adopt A RESOLUTION SUPPORTING THE SOLID WASTE MANAGEMENT COORDINATING BOARDS' LEGISLATIVE INITL %TIVE TO CREATE A VIABLE SOLUTION FOR ELECTRONIC WASTE. Second by DeBettignies. Ayes: Baxter, DeBettignies, Shoe Corrigan. Droste, Stemer. Nay: None. Motion carried. National League of Cities Conference Mayor Droste and City Administrator Verbrugge attended the National League of Cities Conference in Washington, D.C. City Administrator Verbrugge said the four main issues were as follows: 1) Community Development Block Grant possible elimination; 21 Transportation Bill; 3) Federal Tax Reform; and 4) Visiting members of Congress about Rosemount issues. Congressman Kline is invited to speak to Rosemount's City Council. State of the City Address on Cable TV Mayor Droste presented a State of the City address on March 8. 2005. This was recorded and will be replayed on cable channel 22 and FTTH channel 7. Communications Coordinator Cox noted that the audio is also on the city web page. Council Member Baxter said there was good attendance on March 8 and the content in form and substance was excellent. Baxter thanked the strong business community in Rosemount for their participation. Announcements Mayor Droste reviewed the upcoming regular meetings. Four Council Members attended the American Legion's 100 Year Celebration on March 12, 2005. Awards were given to Police Officer of the Year, John Winters and Firefighter of the Year, Chris Dyson. Council Member Baxter gave a well- prepared appreciation speech for the City. Mayor Droste moved to adjourn the meeting at 9:12 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2005 -11. 6 Respectfully submitted, Mayor Droste adjourned the meeting at 8:33 p.m. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING MARCH 23, 2005 A special meeting of the Rosemount City Council was held on March 23, 2005, at 7:05 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Baxter and DeBettignies in attendance. Also in attendance were City Administrator Verbrugge. Assistant City Administrator Weitzel, Fire Chief Aker, Communication Coordinator Cox, and Mark Vetter from Vetter Johnson Architects. Mark Vetter, from Vetter Johnson Architects, started the meeting by giving a short history of how he gathered information from the Fire Chief, firefighters and other City staff to determine the design needs for Fire Station #2. By utilizing some of the same programmatic data from Fire Station #1 he was then able to produce a conceptual site and floor plan to give to A_b1CON in establishing a budget for the project. At this point in the meeting, Mr. Vetter proceeded to explain the floor plan of the proposed Fire Station #2. Council next talked about the building's east and south elevations. Mr. Vetter explained that the higher aesthetic quality of the original plan makes it architecturally more appealing than the alternative design but by using the alternate design the City would reduce the overall project budget by at least S160,000. The scaled down version's differences from the original design include: Arched roof designs are located above the dispatch center and clock tower A canopy located only above south apparatus doors (other window canopies have been deleted) Translucent insulation panels would only be located at the clock tower above the entry vestibule The raised translucent clerestory above the corridor has been deleted and the low roof extended from behind the clock tower to the apparatus bay Council members then discussed the options of eliminating or reducing the size of some rooms, eliminating the clock tower, or using a `jumbo" or "Saxon' brick instead of the smaller. "modular" brick (12" X 4" X 4" vs. 8" X 2 213" X 4 to reduce the construction's overall cost. Council concluded the project cost discussion by stating that they were comfortable with up to 5250,000 of building CIP funds to further fund the expenses of the fire station's construction. A more detailed discussion of the Fire Station #2 design will be schedule for the next work session or at a specially scheduled meeting. Alan Cox then gave a brief summary of the information that will be available at the public open houses on March 29 and 31 Respectfully submitted, Dawn Weitzel, Assistant City Administrator The City Council Agenda Packet is Clerk's File 2005 -12. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 5, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City' Council was duly held on Tuesday, April 5, 2005, 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 tvlembers DeBettignies, Shoe Corrigan and Baxter attending. Council Member Sterner was absent. Staff members present included City Administrator Verbrugge, City Attorney LeFevere, Assistant City Administrator Weitzel, Fire Chief Aker, Community Development Director Lindquist, Parks and Recreation Director Schultz, City Engineer Brotzler. Communications Coordinator Cox, Finance Director May, and Recording Secretary Domeier. The Mayor led the group in the pledge of allegiance. City Administrator Verbrugge presented an add -on for the Department Heads Reports/Business to include a Proclamation declaring the week of April 3 -9, 2005 to be Community' Development Week for the City of Rosemount. Additional items added to the consent agenda included bid information for street and utility projects for items 6.h. and 6.i. Mayor Droste motioned to accept the agenda with the additional information for Consent items for 6.h. and 6.i. and the add -on for Community Development. Second by DeBettignies. Ayes: Four. Nays: None. Agenda adopted. Proclamation of National Volunteer Week Mayor Droste stated that for the second straight year the City Council will seek to recognize some of the thousands of members in our community who devote their time and effort to volunteer work. Citizens nominated will be honored during the next regular meeting of the Council on April 19. The Mayor motioned to approve the proclamation declaring April 17 -23 National Volunteer Week in Rosemount. Second by DeBettignies. Ayes: Baxter, DeBettignies, Shoe- Corrigan and Droste. Nayes: None. Motion carried 4 -0. Proclamation of Community Development Week City Administrator Verbrugge stated April 3 -9 is Community Development Week and it's a fine opportunity for us to acknowledge the work, contributions and dedication of the department. Motion by DeBettignies to declare April 3 9 as Community Development week in the City of Rosemount. Second by Shoe Corrigan. Ayes: DeBertignies, Shoe Corrigan, Droste, and Baxter. Nayes: None. Motion carried 4 -0. Consent Agenda Council Member Shoe Corrigan requested Consent items 6.o. and 6.p. be pulled for discussion. MOTION by Baxter to approve the Consent Agenda with the exception of items 6.o. and 6.p. Second by DeBettignies. Ayes: Droste, Baxter, DeBettignies, and Shoe Corrigan. Nays: None. Motion carried 4 0. a. Minutes of March 15, 2005 Regular City Council Meeting b. Minutes of March 23, 2005 Special Meeting, Fire Station #2 c. Minutes of March 9, 2005 Works Session d. Bills Listing e. Receive Donation for Fire Department f. Receive Donation for Parks and Recreation Department g. Expenditure Approval from the Donation Account for Parks Recreation Dept. h. Receive Bids /Award Contract- Glendalough 5 Street Utility Improvements, C.P. 389 i. Receive Bids /Award Contract Connemara Crossing Street Utility Improvements, City Project 391 j. Receive Plans Spec's /Authorize Ad for Bid Meadows of Bloomfield 3 Street Utility Improvements, City Project 380 k. Authorize Preparation of Plans Specifications for Harmony 2 Addition Street Utility Improvements, City Project 394 I. Appointment of Fire Dept. Secretary, Ratification of Fire Department Appointments m. Hiring of Public Works Supervisor n. Set Special Meeting for Fire Station #2 o. Authorization for Ex cution of Contracts with AMCON and Vctter Johnson Architects P. 2005 DNR Remediation Cram q. 2005 -2006 Contract Agreement for Solid Waste and Recycling Services Authorization for Execution of Contracts with AMCON and Vetter Johnson Architects Council Member Shoe- Corrigan questioned why the costs of the professional fees and the fire station are coming in higher than originally estimated. Council Member Shoe Corrigan wanted to make sure that the City is doing their due diligence to the fact that the fire station may or may not cost more than estimated and that the professional fees are not related. City Administrator Verbrugge stated that the cost of the project will be determined once the bids are received. The estimates for the project are based on best practice that AMCON uses in determining the cost and Vetter Johnson used in taking direction from the Council. Staff and legal are comfortable that the fees remain reasonable and consistent with the contract terms. MOTION by Shoe Corrigan to approve contracts with AMCOM and Vetter Johnson Architects and authorize the City Administrator to execute contracts. Second by Baxter. Ayes: Shoe Corrigan, Droste, Baxter, and DeBettignies. Nayes: None. Motion carried 4 -0. 2005 DNR Remediation Grant Council Member Shoe Corrigan pulled this item to bring attention to the continued work that Parks and Recreation Director Dan Schultz and his staff are doing to further the preservation of the Wiklund property. Council Member Shoe Corrigan is very impressed with the professionalism and spirit of the department. MOTION by Shoe Corrigan to approve the attached RESOLUTION SUPPORTING THE SUBMITTAL OF THE 2005 DNR REMEDIATION GR&NT. Second by Baxter. Ayes: DeBettignies, Droste, Shoe Corrigan, and Baxter. Nayes: None. Motion carried 4 -0. PUBLIC HEARING: Comprehensive Wetland Management Plan Amendment Citv Administrator Verbrugge stated that staff is asking for a motion to continue the public hearing to May 17 Staff would like additional time to reflect upon comments that have been received and also to address some emerging issues that could occur. Mayor Droste asked that the public be re- noticed on this issue. MOTION by DeBettignies to continue the Public Hearing to May 17, 2005 on the Comprehensive Wetland Management Plan. Second by Shoe-Corrigan. Ayes: Baxter. DeBettignies, Shoe Corrigan, and Droste. Nayes: None. Motion carried 4 -0. PUBLIC HEARING: Preliminary Approval for Issuance of General Obligation Capital Improvement Plan Bonds and Adopt Capital Improvement Plan City Administrator Verbrugge stated this item is for Council's authorization on the issuance of G.O. debt for the fire station aswell as adoption of the Capital Improvement Plan. A brief background on the project was given to the public. Two open houses were held that were sparsely attended. Council Member Baxter stated the package has been well done and commended staff on their work. Mayor Droste opened the Public Hearing for comments. No comments were received. MOTION by Baxter to close the Public Hearing. Second by DeBett ignies. Ayes: Four. Nays: None. Motion carried. 2 1 1 1 MOTION by Baxter to adopt a RESOLUTION GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION CAPTIAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO EXCEED S2,630,000 AND ADOPTING THE CITY OF ROSEMOUNT, MINNESOTA CAPITAL IMPROVEMENT PLAN. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe Corrigan, Droste, and Baxter. Nays: None. Motion approved 4 0. OLD BUSINESS 2005A G.O. Capital Improvement Plan Bond Issue Authorizing Issuance and Setting Bond Sale Finance Director May stated this is the actual resolution that authorizes the City to issue the bonds and set the bond sales for the construction of Fire Station #2. MOTION by DeBettignies to adopt a RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF S2.630,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2005A. Second by Shoe Corrigan. Ayes: Droste, Baxter, DeBettignies, and Shoe Corrigan. Nay es: None. Motion approved 4 -0. 2005B G.O. Equipment Certificates of Indebtedness Issue Authorizing Issuance and Setting Sale. Finance Director May stated this item is more complicated then the preceding one. This is for the authorization to issue bonds for equipment certificates for the purchase of equipment and the consolidation of a previous lease- purchase of equipment. Council Member DeBettignies questioned the amount of the actual process and realized the difference would be immaterial. City Administrator Verbrugge added that if levy limits are imposed on city governments again this year, the equipment certificates are considered debt that is not within the restrictions of the levy limits in terms of preparing our budget for the future. Council Member Shoe Corrigan added in addition to retiring the debt early, we also would have a savings because of the decreased interest rate. Mayor Droste noted it is approximately 2%. MOTION by Shoe Corrigan to adopt a RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,535,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2005B. Second by Baxter. Ayes: Baxter, DeBettignies, Shoe- Corrigan, and Droste. Motion carried 4 -0. Legislative/Intergovernmental City Administrator Verbrugge updated the Council on the legislation of the Air Cargo facility and the Foreign Trade Zone. An update was also given on a summary of new legislation regarding the City's interest in acquiring parcels that are former right -of -ways owned by Dakota County and MnDot. Legislation has been introduced that would allow the City of Rosemount to use revenues from the Downtown/Brockway Tax Increment District to purchase that property as long as Dakota County and MnDot are partners in doing that. It is needed since we are only allowed to spend in the district and this would allow us to spend outside of the district. The legislation meets a dual public purpose of returning the property to the tax rolls and providing opportunities for existing businesses to remain in the community. Announcements Mayor Droste reviewed the calendar and announced the upcoming regular meetings. Mayor Droste acknowledged Community Development Director Lindquist, during this Community Development Week, for the work Lindquist does for the City. City Administrator Verbrugge added that revised schedules for the work sessions that would be held after the regular meetings on May 3rd and May 17th. 3 1 Mayor Droste moved to adjourn the meeting and upon unanimous decision the meeting was adjourned at 8:06 p.m. Respectfully submitted, Amy Domeier, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 13, 2005 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, April 13, 2005 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste and Council Members Sterner, Shoe Corrigan and Baxter were present. Council Member DeBettignies was absent. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Engineer Brotzler, Fire Chief Aker, Parks and Recreation Director Schultz, Communications Coordinator Cox and Recording Secretary Amy Domeier. FIRE STATION NO. 2 City Administrator Verbrugge added the Fire Station No. 2 to the agenda for an update on the design and cost summary. Staff is looking for direction from the Council to begin the CAD drawings for preliminary construction. The new design includes a reduction in the space for the meeting rooms, corridor and restrooms. Todd Christopherson and Mark Vetter were present at the meeting for questions. Mr. Christopherson handed out copies of the Cost Estimate Sununary for Council's review. Mr. Verbrugge suggested returning the additional parking back into the plan for activities. The cost would be approximately $5,000,00. Council Member Sterner questioned if the there would be physical space to expand the building down the road. The general response was it would be a complex addition because the corridor area and the bathrooms would have to be bigger for code reasons. Fire Chief Aker stated he was fine with the new proposal. Mayor Droste felt the plans meet the needs for a satellite station. Council Member Baxter wished it was being built better; however, he is happy to stay within the budget. Council Member Shoe- Corrigan questioned how long it would he before the City would outgrow the building. City Administrator Verbrugge stated given where the growth of the City is at this time, there would probably be a third tire station added before any expansion on this station. Discussion was held regarding whether the meeting space should be made larger to accommodate all firefighters meetings training and for use of larger meetings held within the City. Fire Chief Aker noted that currently all the fire fighters can fit into the meeting room at the main fire hall. Training is held three times a month and one meeting is held per month. Questions were also raised as to whether the parks could benefit from a larger meeting room or if any shelters are planned for the nearby parks. Parks and Recreation Director Schultz stated that at this time. no shelters are planned. He further stated that the Community Center always has meeting space available if people plan and book ahead. Mayor Droste and Council Member Baxter agreed to stick with the program and move forward. Council Members Shoe Corrigan and Sterner preferred to add additional space to the plan. The Council directed Staff to check with the code official to see how much space could be added without having to change the sizes of the bathroom and corridor. City Administrator Verbrugge stated he would check with the code official. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 13, 2005 GAS UTILITY ORDINANCE AMENDMENT City Engineer Brotzler reviewed the background of the issue that emerged recently with the development of Harmony regarding the extension of gas utility services to the site. Council was asked to consider an ordinance amendment which would require gas utility companies to have in place a franchise agreement with the City to secure utility permits for the installation of new gas service lines. City Engineer Brotzler noted the most important reason for the amendment is public safety. This ordinance would mean the only provider that would currently be allowed would be Aquila because of the franchise agreement they have with the City. It is anticipated that other gas providers will approach the City for the development of a franchise agreement that will then allow for the establishment of service boundaries. City Engineer Brotzler explained that in the electric world, services are regulated by the State Public Utilities Commission. For gas, there is no defined boundary without a franchise agreement. Council Members Baxter, Droste and Shoe Corrigan favored the ordinance and the idea of doing franchise agreements. City Engineer Brotzler was asked to bring the ordinance back for a first reading in May. COUNTY ROAD 38 -TH 3 TO EAST TRACT LINE OF REFLECTIONS, CITY PROJECT #393 City Engineer Brotzler gave the Council a brief background on the project regarding the County Road 38 project and the properties proposed to be assessed for sanitary sewer and water services. In lieu of levying special assessments, the City could recover the cost when the properties connect to City sewer and water. Staff suggests making it a special district with the time period for connection extended between five and ten years with a provision that if an existing system fails, the property owner will be required to connect to the City system. City Engineer Brotzler also noted that the Rohr property could be subdivided into two lots and should have two hook- ups. However, the Rohrs could record a deed restriction against the property so it could not be subdivided. Council Members were in agreement that this area should be a special district. Council Member Shoe Corrigan and Mayor Droste felt the Rohr property should have two stubs. It was decided that within 10 years they have to hook up to City services unless they sell or otherwise transfer the property or there is a failed system. Council Member Sterner asked City Engineer Brotzler to send out a follow -up letter to Fred Hanson to see if they are interested in the City services. ON STREET PARKING, 143 ST. WEST AND CHILI AVENUE AREA City Administrator Verbrugge addressed the parking issues at the Rosemount High School. There has been `Parking By Permit Only" signage on the streets east of Chili Avenue on 143`', Upper 143 and 144 Streets for several years. Streets west of Chili Avenue have not had any parking restrictions. Students are not willing to pay to park and will drive to an area where there is free parking. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 13, 2005 School Liaison Officer Erickson stated there was another lottery opened to the seniors for approximately 15 -20 extra permits. Ms. Erickson spoke with the Apple Valley and Eagan schools to find out their parking issues and found those schools have the same issues. Conversation ensued regarding the speed of the cars in the school area. Police Lieutenant Kuhns stated that although the district owns the streets, states statutes can be enforced and speeding tickets can be issued. The speed bumps were removed because of the homeowner's complaints regarding the vibration and noise. Discussion was held regarding parking on the 143 Street area. Mayor Droste offered a solution to the problem saying the Community Center parking lot is empty during the day. The City could allow a certain number of spaces for parking and when there is a big event, the students would not be able to park there. Also, the Dome is empty during the day and they could rent out their parking spaces. City Administrator Verbrugge's opinion was the City shouldn't have to solve the school's problems. Mayor Droste stated a fee should be added to the parlcing to keep the lot clean. Council Member Shoe Corrigan also noted there is safety issues involved. City Administrator Verbrugge stated if the parking at the Community Center is allowed on a fee basis, the situation may be more manageable but there would be stipulations for when other events are being held at the Community Center. Council Member Baxter suggested going to the school district and offering 40 spots at the Community Center if they leased it and cleaned it up. If the school district isn't interested, then close the Community Center parking lot and permit wherever we have to so parking stays in the neighborhood and the school can deal with the issue. Mayor Droste felt it was a fair solution to charge for a permit and the City to receive a nominal fee. The Council Members agreed to parking by permit to be consistent on both sides of the street. They were also in agreement to work with the school on the capacity issues. City Administrator \Zeebrugge suggested using the signs for now and then to revisit the issue and monitor the situation. Mayor Droste added that parents and residents should be made aware that this is a school issue. Council Member Baxter felt residents should have the right to have the signs put up as soon as possible. City Administrator Verbrugge stated a letter would be sent to the residents where the new signs will be installed. COMMUNITY FACILITIES Parks and Recreation Director Schultz updated the Council on the status of facilities reviewed by the Community Task Force and the athletic complex land search. There are three landowners east of Akron Avenue that staff continues to meet with regarding the land search for an athletic complex. Parks and Recreation Director reviewed the status of the Senior Center. The Community Center will have two rooms open for the seniors beginning April 25 111 However, the seniors are not 3 1 1 completely satisfied since they are unable to leave their furniture and items out as the area is leased to the guards. There is no charge to the seniors. The Aquatic Facility has not yet been discussed by Council. There is $20.000 in the Council budget to do a feasibility study to determine the expected operating costs of such facility. Mayor Droste suggested waiting to do the feasibility study to see if the City can partner with a hotel in the future for either an indoor or outdoor facility. Parks and Recreation Director Schultz stated the hockey association feels a second sheet of ice would need to be included in a multi purpose facility. According to the City survey, residents do not support a second sheet of ice. Mayor Droste felt it was not feasible to add another sheet of ice. Council Member Baxter added the school should be brought to the table since they are the user of the ice. Parks and Recreation Director reviewed the feasibility study for the Arts and Cultural Center. The estimated cost to bring the St. Joseph's building up to par for public use is approximately 5429.000. The cost for the school would be approximate]} $1.3 mullion. City Administrator Verbrugge stated for a future session he would like to bring this back to discuss as a church'cornmunity based project and other possibilities of future use. Staff has been to round table meetings regarding teen center options. The goal is to figure out why some teen centers in the area are a success and why some are failing. UPDATES City Administrator Verbrugge informed the Council that Jeff Olsen would like to stay an additional year and still have the same payment. There would be a new lease -back for City possession in 2007. City Administrator Verbrugge's second update was the Planning Commission Work Session meeting on April 12 where a City employee was personally attacked on the 42/52 study group issues after the meeting. Councilmember Baxter suggested the Council put the 42/52 study on the April 19`" Agenda as an update item. Council Member Shoe Corrigan suggested all continents of the sort should be put in writing and brought to the Council. Mayor Droste handed out a DARTS brochure which gave an overview of what the organization provides to seniors in the community. Mayor Droste was approached by SKB a couple of weeks ago regarding Flint Hills Resources selling 120 acres. SKB questioned where the City would be if SKB expanded their waste management site. It is a long range plan and additional capacity is not needed today. Communications Coordinator Cox handed out the downtown business mailing that was sent out. Council Member Sterner asked for further discussion regarding the scheduling on Work Sessions. Council Member Baxter expressed his dislike of the water towers. 4 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL Vv'ORJ SESSION APRIL 13, 2005 There being no further business, and upon unanimous decision, the work session was adjourned at 9:19 p.m. The City Council packet is Clerk's File 2005 -14. 5 ROSEMOL'NT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 13, 2005 Respectfully Submitted, Amy Domeier Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, April 19. 2005. at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter, and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere. Parks Recreation Director Schultz, Community' Development Director Lindquist, City Engineer Brotzler, Communications Coordinator Cox and Police Chief Kalstabakken. The Pledge of Allegiance was said. City Administrator Verbrugge presented two additional items for consideration on the consent agenda and the City Council calendar page was updated. The two items listed are: 1) Resolution Authorizing Posting of No parking Signage along 143 and Upper 143` Streets West of Chili Avenue, and 2) Commissioner Resignation for Phillip Sterner leaving the Parks and Recreation Commission. The City Council calendar reflected joint meetings with Parks and Recreation and the Planning commissions, April 25 and 26 and moving the May City Council work session to May 3 and an additional work session on May 24 following the Special Council meeting for the Fire Station #2 Bond Sale. Mayor Droste moved to accept the agenda with additional items 6.g. Resolution Authorizing Posting of No Parking Signage and 6.h. Commissioner Resignation. Second by Sterner. Ayes: Five. Nays: None. The agenda was adopted. Volunteer Recognition Awards Mayor Droste presented certificates of appreciation to local residents who have invested their time and energy to better the community. April 17 through April 23 is National Volunteer week and the City wished to identif} 42 individuals and groups for their contributions. Council Member Kim Shoe Corrigan read the volunteer name or group while Mayor Bill Droste handed out the certificates. The volunteers were divided into three main groups: schools, police, and parks. Two special categories were added for churches and senior citizens. Volunteers honored for helping with school programs were Roxanne Friesen, Niki Muske, Karen Castner, Karen Sparks, Mary Broback, Nancy Massey, Paula Phillips, Michele Snare, Chris Mattson, Cheryl Senum, and Steve Ball. Rosemount Police Chaplains and Police Reserves were acknowledged: George Martin, Mike Markley, David Rupe, Neil Ristow, Phil Heide are chaplains. Kim Ericksen, George Provos, and Jim Lucier are outstanding examples for the police reserves. People who support our parks and recreation programs were honored: Matt Kearney, Ken Snare, Forrest Krogh, June Korthauer, Deanna Simpson, Joe Walsh, Dorene Perkins, Mike Bouchard, Rosemount MOMS Club. Julie Scribner. Gilson family, Roxann Duffy. Girl Scout Troop 649, Rosemount Knights of Columbus. Columbian Squires and Squirettes. Community Action Council Volunteers and Neighbors, Brownie Troop 187. Brownie Troop 2400, Hauge Peterson and Studley families, Fluegel's Farm, Garden and Pet store, DeBettignies with Annie, Brea, Brianna, Curtney, Emma, Grace, Jordan, Kaleigh, and Melissa; and Marshall and Heidi Grange. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 2005 Many churches contribute to the community through volunteer efforts. The Mission Committee of the Rosemount United Methodist Church is a good example working with Habitat for Humanity, Second Harvest Food Shelf, paint -a -thons and Adopt -a- Highway programs. Rich Wirt received the certificate for this group. Dick Barnes was presented a certificate of appreciation for helping senior citizens with daily living to help them remain independent and vital members of our community. Council Member Shoe Corrigan thanked the volunteers and noted they truly do represent the "Spirit of Pride and Progress" in Rosemount. Mayor Droste pointed out that the number of volunteers points to the strength of Rosemount. The audience applauded all the volunteers and then a group photo was taken. Arbor Day Celebration and Tree Giveaway Parks and Recreation Director Schultz presented a proclamation identifying May 7, 2005 as Arbor Day. The City participates in the Tree City USA program to urge all citizens to support efforts to protect our trees and woodlands for future generations. Dakota Electric sponsors a tree give -away on May 7 at 10:00 a.m. at Central Park. About 150 trees will be given to residents on a first -come first -serve basis. The variety of trees includes River Birch, Linden, Maple and others. MOTION by Droste to approve the proclamation identifying May 7, 2005 as Arbor Day. Second by Shoe Corrigan. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with the addition of Item 6.g. and 6.h. and the removal of Item 6.d. for discussion. Second by Shoe Corrigan. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. a. Minutes of April 5, 2005 Regular City Council Meeting b. Bills Listing c. Municipal State Aid Mileage Amendments d. Pulled for discussion e. Payment 411 Final Biscayne Pointe 5 Street Utility Improvements, City Proj. 367 f. Budget Amendments Donations g. Add -on Resolution authorizing Posting of No Parking Signage h. Add -on Commissioner Resignation, P &R Phil Sterner Receive Bids /Award Contract for Bacardi Water Tower, City Project #355 Mayor Droste requested the audience receive information regarding the new water tower near the proposed Fire Station r3. City Engineer Brotzler reported the plans for the water tower began two years ago. The site selected is in Meadows of Bloomfield by Connemara Trail and Bacardi Avenue. The Utility Commission recommended a 1.5 million gallon capacity tower to look to future usage. The engineering feasibility report also looked to anticipated growth and 1 1 recommended a 1.5 million gallon water tower. The recommended contractor is CB I Water in the amount of $2,257.700. MOTION by Shoe Corrigan to adopt A RESOLUTION RECEIVING BIDS AND AWARDING THE CONTRACT FOR THE BACARDI WATER TOWER, CITY PROJECT 355. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. Receive Plans Specifications /Authorize Advertisement for Bid 2005 Pavement Management Improvements, City Project 392 City Engineer Brotzler noted that City Council has approved the preparation of plans and specifications for City Project 392 on February 15, 2005. Since that time city staff has determined that two other streets are in need of repair and would like City Council's approval to add them as alternates for the bid. A portion of Darling Path has settled near the sewer and water service trenches. It affects about 22 homes. Staff recommends full street reconstruction rather than spot repairs. The second area is Connemara Trail from Diamond Path to Shannon Parkway. This area received a seal coat in 2000 that is not adhering to the surface and causing large chunks of pavement to pop up. The City would not levy any assessments for the two new repair areas. The estimated additional cost is S148,000 that would be funded with available street CIP funds depending on the bids received. Council discussed warrantees and city staff time involvement. City Engineer Brotzler noted that evaluation of the bid response will help to determine if the repairs move forward this year. City Council will consider the total project again in May following the bid opening. MOTION by Baxter to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BID FOR THE 2005 PAVEMENT MANAGEMENT IMPROVEMENTS, CITY PROJECT 392. Second by Sterner. Ayes: Shoe Corrigan, Droste. Sterner, Baxter, DeBettignies. Nays: None. Motion carried. Annual Review of Conditional Use Permit for Irish Sports Dome Conniunity Development Director Lindquist reported that the Irish Sports Dome Conditional Use Permit (CUP) was approved in March 2004 with a condition to review it yearly. Since the Dome did not open until the fall of 2004 a full year of usage has not been established. Staff is recommending the continuance of this formal review until October 2005 to fully examine the parking and traffic issues: Staff recommends that the Letter of Credit he held until after the CUP property owner implements some of the recommended changes. Many of the parking and traffic issues are contributed to users not being aware of constraints. Better signage could help direct traffic. Council Member Barter was encouraged by the spirit of cooperation between the City and the Irish Sports Dome. Traffic on Highway 3 would seem to be a critical component and all participants are willing to work together to find a solution. Council Member Shoe Corrigan voiced concerns with Connemara Trail becoming a short cut and causing delays there. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 2005 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 19, 2005 MOTION by DeBettignies to continue the annual review of the CUP for the Irish Sport Dome to October 2005 and then review it annually. Second by Shoe Corrigan. Ayes: Droste. Stemer, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming regular meetings. Special meetings this week include recognition of service time for City employees at a luncheon on April 21 at 11:30 a.m. and City commissioner recognition at a dinner April 21 at 6:00 p.m. Parks and Recreation Director Schultz reported on a new program, "Do Drop Inn" for seniors that gives them a meeting place at the Rosemount Community Center, 9 a.m. to 4:00 p.m. daily. City Council will hold joint meetings with the Parks and Recreation Commission on April 25 at 6:30 and with the Planning Commission on April 26 at 6:00 p.m. to discuss priorities and goals. Mayor Droste moved to adjourn the meeting at 8:20 p.m. Second by Sterner. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -15. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS JOINT MEETING WITH PARKS AND RECREATION COMMISSION APRIL 25, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Monday, April 25, 2005, at 6:30 p.m. in the Council Chambers at City Hall, 2875 145` Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter, and Sterner attending. Parks and Recreation Commissioners present were Mark Jacobs, Leslie Defries. Eric Johnson, Michael Eliason and Kelly Sampo. City staff members present were City Administrator Verbrugge, Parks Recreation Director Schultz, and City Clerk Jentink. Mayor Droste noted the purpose of the meeting was to have open dialogue with the City Council and discuss priorities. Parks and Recreation Director Schultz gave a summary of the role of the commissioners as advisors to make recommendations to the City Council. Council Member Baxter said it is the commissioners that do the heavy lifting for City Council by sorting out facts and finding answers. Mayor Droste thanked the commissioners for their hard work. Mayor Droste said the Parks and Recreation Commission has been essential in connecting neighborhoods with trails by making demands on developers early on in the development stages. This is one of the pieces of the vision to keep the "small town feel" that residents reported they appreciated in the latest survey. City Administrator Verbnigge listed five goals or visions that came from the City Council's work session: 1) maintain a modest tax rate for service; 2) providing desired amenities for the community; 3) maintain city services; 4) focus on downtown revitalization; and 5) balance growth with the small town feel perception. The next organizing step is to fit goals with the issues. Parks and Recreation Chair Jacobs thanked City Council for this opportunity to dialogue issues. The Commissioners believe a key issue is a new athletic complex. Commissioner Sampo asked if City Council would be attending the Parks and Recreation Commission meetings. Council Member Shoe Corrigan explained that when issues warrant a Council Member may attend. However, the Council emphasized that each commission is independent and would not have an assigned liaison participating in discussions. Each Council Member has set personal goals for visiting all the advisory conmtissions. Mayor Droste encouraged participation in a tour to other communities to devise a concept plan with architectural guidelines for the downtown redevelopment and an entrance to Central Park. Various locations were discussed. Commissioner Defries served on the Downtown Redevelopment Committee. She agreed that City Council and Parks and Recreation need to be on the same page on key issues. Discussion about the athletic complex, or outdoor recreational facility, pointed to residents needing to understand what components will be included in it. The resident survey showed that most residents did not want to pay for park improvements or added services. Communication and public education will be a key issue to move these types of proposals forward. 1 1 ROSEMOUNT CITY PROCEEDINGS JOINT MEETING WITH PARKS AND RECREATION COMMISSION APRIL 25, 2005 Mayor Droste noted how the St. Joseph Church campus purchase has changed the dynamic and opened opportunities for the library, senior center, youth center or art center. A citizen task force will be formed to determine the direction it should take. Droste also reported on the zoning review for County Road 42 and Highway 52 which may offer opportunities for a park and trail connections. Commissioner Eliason reported that Lakeville parks are filling to capacity for group use for youth softball and soccer. RAAA, Rosemount Area Athletic Association, may be asked to discontinue using Lakeville parks which will make the youth programs use more weekends rather than weekdays. He expects this to happen in the next two or three years and so he would support development of an outdoor recreational facility soon. Mayor Droste moved to adjoum the meeting at 7:03 p.m. The meeting was adjourned. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS JOINT MEETING OF COUNCIL AND PLANNING COMMISSION APRIL 26, 2005 Pursuant to due call and notice thereof a joint meeting between the Rosemount City Council and Planning Commission was held on Tuesday. April 26, 2005 in the Council Chambers of City Hall. Mayor Droste called the meeting to order at 6:03 p.m. with Council Members Baxter, DeBettignies. Sterner and Shoe Corrigan present. Planning Commission members present included Chairperson Messner and Commissioners Schultz, Zurn, Humphrey and Powell. City Staff in attendance were City Administrator Verbrugge, Community Development Director Lindquist, City Planner Pearson, Assistant City Planner Lindahl and Recording Secretary Amy Domeier. Mayor Droste welcomed everyone to the meeting and stated the Council greatly appreciates the work of the Planning Commission. Mayor Droste stated the Council recently held a goal session where strategies and visions for the City were discussed. The next biggest step for both commissions will be the downtown redevelopment. General Discussion Council Member Baxter thanked the Planning Commission for providing a valuable service and asked the commissioners to keep up the good work. The input for the Downtown Revitalization will be critical. Council Member Sterner thanked the Planning Commission for their work as well. He asked that the commissioners spell out their reservations and opinions so they can be included in the minutes of the meetings. Chairperson Messner questioned the goals regarding the east side of Rosemount. Questioning other than the 42/52 Study Group. what criteria have the Council established for growth. Council Member Shoe Corrigan stated it's laid out in the 2020 Comprehensive Guide Plan. Mayor Droste suggested having a spreadsheet listing year by year the amenities to be created and how to still maintain a small town feel in the 42/52 area as well as the Downtown. Commissioner Zurn asked if the Council has a feel for architecture in the new developments in keeping the small town feel. Mayor Droste stated many different aspects make our neighborhoods maintain a small town feel. For example, Evermoor has been successful with its trail system. Mayor Droste stated the Council will get more specific on their goals and will work together with the Planning Commission across the board. City Administrator Verbrugge mentioned the community survey indicated that residents like the small town feel. The concern is how to maintain the small town feel. City Administrator Verbrugge suggested have a focus group comprised of residents to get input and feedback on the issue. Council Member Sterner asked City Administrator Verbrugge to go through the specific goals set by the Council. City Administrator Verbrugge stated the strategic goals included the increasing the tax base. bringing in more amenities, the level of services offered by the City, revitalizing the downtown, and maintaining the small town feel. Mayor Droste noted that from the survey, there were high ratings in the residents identifying to their individual neighborhoods and connectivity to the City. Rosemount has a long tradition of 1 1 ROSEMOUNT CITI PROCEEDINGS JOINT MEETING OF COUNCIL AND PLANNING COMMISSION APRIL 26, 2005 connection. Council Member Baxter said we need to define where the City wants to go. The City needs to protect the small town feel. Commissioner Powell stated that the industry in the 52 area and the rolling hills of Highway 3 will need to be blended together. Commissioner Schultz questioned what type of amenities the City is looking at and what age group filled out the surrey. City Administrator Verbrugge responded that amenities higher on the list included an athletic complex. senior center, art center and a youth center. An amenity lower on the list was the second sheet of ice. 400 homes were surveyed and the survey is accurate within 5%. Council Member Shoe Corrigan stated its time to start thinking outside the box. The City needs to balance out the goals and access where the community support is. Mayor Droste asked that the Planning Commission receive a copy of the survey. The meeting was unanimously adjourned at 6:34 p.m. Respectfully submitted, Amy Domeier Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 3, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday. May 3, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner. and Baxter attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, Parks R Recreation Director Schultz, City Engineer Brotzler, Conmiunications Coordinator Cox, Police Chief Kalstabakken, and Fire Chief Aker. The Pledge of Allegiance was said. City Administrator Verbrugge presented bid results for Consent Agenda Item 6. i. Receive Bids/Award Contract for Meadows of Bloomfield 3` Street and Utility Improvements, City Project 380. Bids were opened on April 29, 2005 and the low bidder was Northdale Construction Company, Inc. in the amount of $1,580,315.70. Mayor Droste moved to accept the agenda with additional information for Item 6.i. Second by Sterner. Ayes: Five. Nays: None. The agenda was adopted. Proclamation for Poppy Days Mayor Droste presented a proclamation to announce the American Legion Auxiliary's tribute to those Americans who have given their lives through military service. The American Legion Auxiliary will sell poppies to provide funds to assist families and aid veterans on May 13 and 14, 2005 in the City of Rosemount. Mayor Droste said the volunteer effort is appreciated. MOTION by Droste to approve the proclamation for Poppy Days as May 13 and May 14, 2005 by the American Legion Auxiliary. Second by Sterner. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. Tree City USA Recertification Parks and Recreation Director Schultz reported this is the thirteenth year the City of Rosemount has been recognized by a Tree City, USA award. The requirements that must be met for this award include 1) having a tree board or department; the Public Works and Parks and Recreation departments; 2) having a tree preservation ordinance; 3) having a conununity forestry program with an annual budget of $2.00 per capita; and 4) having an Arbor Day observance and proclamation. Mayor Droste will be attending the Arbor Day tree give -away on Saturday, May 7 at 10 a.m. with a shon program and three questions that no one has been able to answer to date. Director Schultz reminded viewers that the trees are bare root and should be planted immediately. Schultz reminded residents to prepare by calling Gopher State One Call to locate any underground utilities before a hole is made for the tree. Consent Agenda Council Member Sterner asked to pull for discussion Consent Agenda Items 6. ft/viand h. Mayor Droste asked to discuss Item 6.j. Additional information was provided for Item 6.i. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 3, 2005 MOTION by DeBettignies to approve the Consent Agenda with additional information for Item 6.i. and the removal of Item 6. fig/hi and /i. for discussion. Second by Shoe Corrigan. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes of April 19, 2005 Regular City Council Meeting b. Minutes of April 13, 2005 Work Session c. Minutes of April 25, 2005 Joint Council and Parks Recreation Commission d. Minutes of April 26. 2005 John Council and Planning Commission e. Bills Listing f. Receive Donation and Expenditure for D.A.R.E. Fund, Police Department i. Receive Bids /Award Contract Meadows of Bloomfield 3 Street Utility Improvements, City Project #380 Northdale Construction Company, Inc. 51,580,315.70 k. Authorize Plans Specifications Glendalough 6 Addition Street Utility Improvements, City Project #395 1. Mutual Police Assistance Agreement for Enforcement of Traffic Safety Laws 6. f. Receive Donation and Expenditure for D.A.R.E. Fund, Police Department 6. g. Receive Donations for Parks Recreation Department 6. h. Expenditures from Donation Account for Parks and Recreation Department Council Member Sterner pointed out that the community does get involved with City activities. Police Chief Kalstabakken said that the Knights of Columbus have donated funds for D.A.R.E. T- shirts. bumper stickers, and other items for three years. Dakota Electric and C.F. Industries give generously to park programs such as Teen Dance, Egg Hunt, Leprechaun Days. Safety Camp, and Arbor Day. R4AA and Rosemount Hockey donate to help improve sports facilities. Also local veteran's organizations help to maintain the Veteran's Memorial which includes purchasing flags for it and making any necessary repairs. MOTION by Sterner to approve receiving donations and expending donations for D.A.R.E. Funds in the Police Department and receiving and expending funds for Parks and Recreation Department, Consent Agenda hems 61. 6. g.. and 6.h.. Second by DeBettignies. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Authorize Preparation of Feasibility Report for County Road 38, Phase II, City Project 387 Mayor Droste noted that Phase I of City Project 387 will complete County Road 38 to the railroad tracks and Phase II would be extending road improvements to Akron Avenue. City Engineer Brotzler reported that the upgrade of the road changes the rural section to an urban section. Much of the field work was included in Phase 1 including wetland delineation. The current 10 -year Capital Improvement Process has this project scheduled in 2006. There will be right -of -way property to acquire and application for State Aid in the MIN SS 429 process which may include property assessments. h is anticipated that a final turnback agreement will be negotiated this year between the City and Dakota County. Construction may not be until 2007. City Engineer Brotzler suggested that the Phase II of the project may be divided to schedule improvements with development as needed. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NL4Y 3, 2005 MOTION by Droste to adopt A RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR COUNTY ROAD 38 PHASE II, CITY PROJECT 387. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Sterner, Baxter DeBettignies. Nays: None. Motion carried. Gas Utility Ordinance First Reading City Engineer Brotzler presented an amendment to the City Ordinance regarding gas utility companies requiring them to have in place a franchise agreement with the City in order to secure utility permits. The draft ordinance had been shared with three gas companies that operate in Rosemount: Xcel, Aquila, and Center Point Energy. Xcel Energy and Aquila were represented at this meeting. The areas serviced by all utilities would be defined which would avoid redundant lines in the right -of -way. Effective management of the right -of -way is necessary due to the addition of cable and underground services. Art Barr, Jr. represented Aquila and stated that they support this draft of the Gas Utility Ordinance. City Engineer Brotzler explained that the amendment process allows a time period for residents or interested parties to respond to the proposed changes. If no major changes are made to the ordinance amendment, it will be presented to City Council at the next meeting for consideration. Legislative/Intergovernmental Update City Administrator Verbrugge reported on a tour of Rosemount given to Moody Investment Service from New York today. The City is seeking to upgrade the bond rating to increase potential for the best interest rates for bond sales. The last visit by Moody's was in 2003. The tour highlighted many good points in Rosemount, but also included some of the challenges included with growth in the City. Verbrugge thanked Community Development Director Lindquist. Communications Coordinator Cox, and Planning Secretary Domeier for the very professional informational packet they assembled for the tour. Announcements Mayor Droste reviewed the upcoming regular meetings. He noted a Downtown Business Meeting regarding the development of the downtown area with Developer CPDC on May 4 at 6:00 p.m. at City Hall May 7 is Arbor Day with a tree give -away at 10 a.m. Mayor Droste moved to adjourn the meeting at 7:56 p.m. Second by Sterner. Ayes: Five. Nays: None. The meeting was adjourned. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2005 -17. 3 Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 3, 2005 Pursuant to due call and notice thereof the City Council Work Session was held on Tuesday, May 3, 2005 at 8:00 p.m. following the regular City Council meeting in the Council Chambers at City Hall. Mayor Droste and Council Members Sterner, Shoe Corrigan. Baxter and DeBettignies were present. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Engineer Brotzler. Fire Chief Aker. Parks and Recreation Director Schultz, Communications Coordinator Cox and Police Chief Kalstabakken. Mayor Droste called the meeting to order. Solid Waste Hauler Ordinance Parks and Recreation Director Schultz presented information regarding the number of solid waste /recycling haulers licensed in Rosemount and a survey of surrounding communities. Mayor Droste emphasized his reason for examining this was traffic safety in residential areas. Rosemount now has nine residential and eleven commercial haulers. There are also twelve haulers that handle construction and demolition materials. Several of these companies combine residential. commercial and construction. There are sixteen licensed haulers in Rosemount and the license fee for 2005 is $350. Rosemount does limit the days for regular collections to Mondays and Tuesdays. Residential growth may require additional days for collections. Consideration was given to dividing Rosemount into areas and assigning areas to haulers. City Engineer Brotzler suggested also designating which weekday would be allowed for collections within the assigned area. Brotzler reported that the waste hauler trucks are hard on road maintenance and they are exempt from road restrictions in the spring. Some neighborhoods have organized to have the same hauler for safety and esthetic reasons. Mayor Droste wanted input from the waste haulers on what they think is reasonable. City Administrator Verbrugge noted that unregulated business offers greater competition. Verbrugge reported that the legislature passed a bill stating any city that limited a licensed hauler and created a loss of business for the hauler could be issued a condemnation fee. Staff will research this issue further and bring the information to Council. 800 MHZ Radio System and PSAP Consolidation Police Chief Kalstabakken reported that Rosemount's consideration regarding its participation in this county -wide radio system is needed in order to estimate operation costs as the final radio plan is completed. Rosemount currently has the Eagan dispatch center providing dispatch services. It would be very expensive if Rosemount decided to be independent from a joint Dakota County -Wide for dispatch center and radio system. The hope is to have the best communication possible between government agencies to provide continuity in emergency situations. Discussion was held regarding the joint powers agreement. Two governing models are being reviewed. One model used a weighted voting system for the Board of Directors based upon the funding formula while the other model is a one vote per member model. Council requested the Joint Dispatch Policy Committee be infomied of their concerns regarding a governing board with weighted voting. The Council stated that other joint policy agencies within the county are operated without weighted voting. Police Chief Kalstabakken noted that the Dakota County Sheriffs Office also protects Dakota County townships and smaller cities such as Lilydale, Mendota, and Sunfish Lake. ROSEMOUNT CITY PROCEEDINGS CITY COL WORK SESSION i%L4Y 3, 2005 Policies for redundancy, back -up and medical dispatch are being developed. One concern has been reporting medical or fire emergencies on cell phones. This disables the 911 auto address service and in some cases the police have not been able to Locate the emergency. Fire Chief Aker noted that at the last chiefs' meeting it was decided to maintain the currant radio system and plan to move into the 800 MHz system within ten years. Aker noted that radios do not usually work within large buildings including schools. An internal repeater system can be used to correct this. Police Chief Kalstabakken offered to have the radio system consultant attend a future Council meeting to answer any more specific or technical questions about 800 MHz or the joint dispatch center. The two proposed tower sites are at Dakota County Maintenance Center at 160 Street and Highway 3, and near Interstate 35W. Police Chief Kalstabakken said that the Joint Dispatch Policy Committee will know by May 31 how many Dakota County cities plan to participate in the 800 MHz radio system and the joint dispatch center. Council will be asked to consider Rosemount's participation at the special Council meeting on May 24. There has been some discussion about trying to have cities take initial Council votes on these issues by May 21 to allow each city to reconsider the issue if some cities opt out of either 800 MHz or joint dispatch. UPDATES City Administrator Verbrugge announced that a Downtown Committee redevelopment meeting will be held Wednesday, May 4` at 6:00 p.m. in the Council Chambers. Council Member Sterner asked to consider the historical value of the older buildings in the downtown area, perhaps with an impact study. City Administrator Verbrugge noted that one farmhouse previously located on Dodd Road, was moved to the Dakota County Heritage Village. Council Member Shoe Corrigan was on the original Downtown Redevelopment Committee and she recalled some of the original homes on South Robert Trail may have some historical value. An inventory of the homes would be helpful. Council Member DeBettignies noted birthdays for Dennis Ozment and Maureen Bouchard. Council Member Sterner recently attended an open house at Spring Lake Park. A trail along the Mississippi River displays the smoke stack at Enders. The Green Way open space and trails along the Mississippi River were highlighted. Sterner reported the Enders smoke stack was a dominate landmark along the trail. Staff said the stack was extended fifty feet to direct the odor away from populated areas. There being no further business, the work session was adjourned at 9:33 p.m. The City Council packet is Clerk's File 2005 -18. 2 Respectfully Submitted, Linda Jentink, City Clerk Recording Secretary Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 17, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th 45 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner, and Baxter attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, Parks Recreation Director Schultz, City Engineer Brotzler, Communications Coordinator Cox, Police Chief Kalstabakken, and Community Development Director Lindquist. The Pledge of Allegiance was said. City Administrator Verbrugge presented bid results for Old Business agenda Item 8.a. Receive Bids; Award Contract for 2005 Pavement Management Improvements, City Project 392. Bids were opened on May 13, 2005 and the low bidder was McNamara Contracting, Inc. in the amount of $1,416,308.80. Also, the final draft of the Contract for Deed and Lease Agreement for the house at 3205 143rd Street was presented for Item 8.b. City Acquisition of 3205 143rd Street. City Administrator Verbrugge presented a letter from Xcel Energy opposed to the gas utility ordinance amendment, Item 6.L Mayor Droste moved to accept the agenda with additional information for Items 6.f., 8.a. and 8.b.. Second by DeBettignies. Ayes: Five. Nays: None. The agenda was adopted. Consent Agenda Council Member Baxter asked to pull for discussion Consent Agenda Items 6.g. and 6.1. Council Member Shoe Corrigan asked to pull for discussion Item 6d. Council Member DeBetrignies asked to pull for discussion Item 6.o. Mayor Droste consented to the requested changes to the Consent Agenda. a. b. c. d. e. f. g. h. 1. 1• k. MOTION by Baxter to approve the Consent Agenda with additional information for Item 6.g. and the removal for discussion of Items 6.g., i., 1. and o. Second by Sterner. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste, Sterner. Nays: None. Motion carried. Minutes of May 3, 2005 Regular City Council Meeting Minutes of May 3, 2005 Work Session Bills Listing Receive Donations for Parks Recreation Department Expenditure Approval from the Donation Account Parks Recreation Dept. Gas Utility Ordinance Second Reading Received letter from Xcel ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 2005 County Road 38 State Aid Variance Request, City Project 393 City of Ro 3cn.ount Lot Split, \Vildund Preperty 05 1 t LS Harmony 2od Addition, CPDC Final Plat and Subdivision Development Agr.05 -17 -FP Highlands of Hawkins Pond, Kathy Trimble Final Plat 05 -18 -€P 1 m. Glendalough 6± Addition, U.S. Homes Final Plat 05 -19 -FP and Phase II PUD Major Amendment 05 -20 _AID Set Special Council Meetings in May n. P. q• ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 2005 Set Public Hearing for New Liquor License Application for Rudy's Redeye Grill Receive Specifications /Authorize Ad for Bid for Mini Rescue Truck for Fire Department 6. g. Change Order #1, SCADA System, City Project 377 Council Member Baxter announced he did not know what a SCADA System was until he studied the staff summary. Baxter asked staff to explain for the audience. City Engineer Brotzler reported that SCADA is an acronym for Supervisor Control and Data _Acquisition System to report well tower water usage and monitor lift stations. It maintains alarms for power failures and low water levels. The proposed change order would allow interfacing with existing systems and modifications for automation on three wells. MOTION by Baxter to approve Change Order #1 on the SCADA System, City Project 377. Second by Sterner. Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. 6. i. City of Rosemount Lot Split, Wiklund Property 05 14 LS Council Member Shoe Corrigan thanked Aina Wiklund for the donation of her property as a green space preserve. Ms. Wiklund expressed her desire to keep the 25 acres as a wild life sanctuary and restored prairie. This excludes the general public from using the land as a park. Council Member Shoe- Corrigan requested a future work session to create a zoning designation that would insure the intended land use into the future. Council concurred. City Administrator Verbrugge stated it would be appropriate to discuss this at a work session. Droste noted this land is a great asset for Rosemount and thanked Ms. \Vildund for her generous partnership with the City. MOTION by Shoe- Corrigan to adopt a RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR THE WIKLUND PROPERTY AT 12 110 BACARDI AVENUE. Second by Sterner. Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. 6. I. Highlands of Hawkins Pond, Kathy Trimble PUD Minor Amendment 05- 24 -AMD Council Member Baxter inquired about the conservation easement for this project and if it affected the number of trees saved. Community Development Director Lindquist presented a map with the changes indicating an expansion of the conservation easement to place driveways on Lots 2 and 3, Block 1. Baxter explained that it was important to maintain the small town feel with mature trees in the community. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 2005 Kathy Trimble, owner of the property, requested an explanation of how to maintain a consen-ation easement. Community Development Director Lindquist reported that it was acceptable to prune and maintain the trees or remove damaged trees and vegetation; however, no accessory structures are allowed in the conservation easement or major changes to the topography. City Attorney LeFevere advised Ms. Trimble to consult with her attorney who had drawn up the document. MOTION by Baxter to approve a Minor PUD Amendment for the Highlands of Hawkins Pond revising the Conservation Easement over Lots 1, 2, and 3, subject to conditions. 1) The Conservation Easement be revised to exclude the existing accessory building on Lot 1, Block 1, include the southern ten (10) feet of Lots 1, 2, and 3, Bloc, 1, and allow the installation of driveways on Lots 2 and 3, Block 1 as illustrated on the approved Site Plan. And, 2) Review and approval of all legal documents by the City Attorney. Second by Shoe Corrigan. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. 6.o. Building Address Numbers Zoning Text Amendment 05 13 TA Council Member DeBettignies wished to inform residents that house numbers displayed will now have to meet specific requirements to comply with the zoning, building and fire codes. This will enable accurate responses to emergency activities. The ordinance reads in part, "New and existing buildings shall have building address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one -half (1/2) inch. These numbers shall be affixed to the principal structure, except in non severed areas where address numbers shall be affixed to mailboxes or a separate structure plainly legible and visible form the street or road fronting the access to the property." Residents will receive a notice of this change. MOTION by DeBettignies to adopt ORDINANCE B PERTAINING TO THE DISPLAY OF BUILDING ADDRESS NUMBERS ON STRUCTURES l`I'yITHIN THE CITY amending the zoning ordinance relating to address numbers. Second by Shoe Corrigan. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. PUBLIC HEARING: Comprehensive Wetland Management Plan Amendment The affidavits of posted and published notice for the Public Hearing for the Comprehensive Wetland Management Plan Amendment are on tile in the City Clerk's Office. City Engineer Brotzler explained that the Comprehensive Wetland had been adopted in 1998 and no major updates have been made to it. In 2004 it was decided to improve the plan to help staff with future development. A task force included Council Member Kim Shoe Corrigan, Planning Commissioners Jeff Weisensel and John Powell, Utility Commissioner Joan Schnieder, and Wetland Biologist Andrea Moffatt from WSB Associates. Issues 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 2005 identified for revision were: 1) wetland buffer zones and related policies; 2) location of storm water ponds within buffers; 3) public education; 4) wedand management classification appeals; and 5) wetland mitigation regulations and procedures. Ms. Moffatt reviewed the Wetland Committee's recommendations. City Council Members asked questions about trails within the buffer zones, the responsibility to educate residents on wetlands, and the location of storm water ponds. Ms. Moffatt said the plan recommends a 30 -foot structure setback from the buffer edge. Preserve Wetlands would have a 3:1 replacement ratio rather than the state requirement of 2:1. Council Member Shoe- Corrigan noted that Bill Droste was chair of the original Wetland Committee in 1997 -1998 and Jeff Weisensel was a member at that time also. Mayor Droste opened the Public Hearing for audience input. The audience did not comment. MOTION by Droste to close the Public Hearing for the Comprehensive Wetland Management Plan Amendment. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. MOTION by Shoe Corrigan to adopt the amended Comprehensive Wetland Management Plan. Second by Sterner. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. Council Member Sterner thanked the volunteer members of the Wetland Task Force committee for all their hard work on the Comprehensive Wetland Management Plan. Receive Bids /Award Contract for 2005 Pavement Management Improvements, City Project 392 City Engineer Brotzler noted that the bids were received on May 13, 2005 allowing for eight combinations of alternates. Two different methods of repair were compared for four areas. McNamara Contracting, Inc. was the low bidder and staff recommends accepting the Total Base Bid plus Alternates 2, 3, and 4 in the amount of $1,416,308.30. The project includes sewer and water repair to 1000 feet of Darling Path due to settlement and reconstruction, rehabilitation and overlay of city streets and utility improvements located on 130th Street West from Trunk Highway 3 to the east; and, Dodd Court in its entirety, the subdivisions bordered by 145th Street on the north, Chippendale Avenue on the west, CSAH 42 on the south and Canada Avenue on the east side. Also Connemara Trail will be included from Diamond Path to Shannon Parkway. City Staff has determined that city funding is available. MOTION by Baxter to adopt A RESOLUTON RECEIVING BIDS AND AWARDING THE CONTRACT FOR THE 2005 PAVEMENT MANAGEMENT IMPROVTIENTS, CITY PROJECT 392. Second by DeBettignies. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 2005 City Acquisition of 3205 143 Street Community Development Director Lindquist reported that modifications have been made to the lease for the house at 3205 143rd Street. The residents requested to remain in the home for one more year until Tune, 2007. They have agreed to pay $1000 per month and a portion of the taxes. The relocation costs will not be paid until they vacate the house and the amount will likely stay the same, $20,000. The Port Authority pointed out in March that the interest rate was high at 8"'0. Staff was able to negotiate a lower interest rate of 6 The purchase will be structured as a contract for deed with the first payment of $100,000 upon closing and the second payment due on June 30, 2006. The City will own the property after June 30, 2006 and will lease back the house to the occupants on a monthly basis. MOTION by Baxter to adopt A RESOLUTION APPROVING THE PURCHSE OF 3205 143RD STREET WEST FOR DOWNTOWN ROSEMOUNT REDEVELOPMENT. Second by Sterner. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Transient Merchant and Sales Lot Zoning Text Amendment 05 21 TA Community Development Director Lindquist presented an amendment to the Zoning Ordinance and City Code to create a new Interim Use in the Zoning Ordinance and update the licensing process for peddler, solicitors and transient merchants in the City Code. These process changes will better serve the needs of residents and local businesses while protecting residents from fraudulent or abusive peddling or solicitation. Also business owners and property owners adjacent to businesses will also be better protected from the impact of transient merchant sales lots. Two examples of sales lots would be seasonal greenhouses and Boy Scout Christmas tree lots. The Interim Use Permit (IUP) could have a renewal length of 3 to 5 years for the lots that plan to repeat yearly. Police Chief Kalstabakken reported that the amendments for the transient merchant section of the City Code are intended to allow staff to screen applicants better. Residents have complained about rude or pushy behavior by solicitors. Currently, a hearing is required to revoke a solicitor's permit while they are allowed to continue working in Rosemount. After a permit is revoked the solicitor can then reapply for a new permit in six months. The proposed amendment provides for a twelve -month period after revocation when they are not allowed to hold a permit. The allowable time for sales is recommended to be changed from 9 p.m. to 8 p.m. with a start time of 9 a.m. Chief Kalstabakken also recommended a visible identification card so residents could readily see a City permit was obtained. Council Member Sterner asked if businesses that have a delivery route would be affected. Police Chief Kalstabakken said routes such as food vendors or companies that have specific appointments with residents are not required to be permitted or register with the City. Mayor Droste inquired about local youth group fundraisers and staff reported they are not required to have a permit. Council Member Baxter and Mayor Droste requested that a definition of 1 1 "fundraiser" for a non -profit and "school aged children" be added to the amendment. Mayor Droste noted a second reading will be on the Consent Agenda at a future meeting. Announcements Mayor Droste reviewed the upcoming regular and special meetings. Clean Up Day will be Saturday, May 21, 2005, at the Dakota County Technical College from 8 a.m. to noon. Mayor Droste moved to adjourn the meeting at 8:43 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -19. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 17, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Monday, May 23, 2005, at 6:00 p.m. in Room 210 of the Rosemount Community Center, 13885 South Robert Trail. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner, and Baxter attending. Staff members present were Operations Superintendent Cook, Communications Coordinator Cox, Community Development Director Lindquist, Parks Recreation Director Schultz, City administrator Verbrugge, and Assistant Cite Administrator Weitzel. Facilitator Craig Rapp of Springsred, Inc. was also present. The purpose of the meeting was to continue the strategic goal setting process for the City Council. Mr. Rapp provided the outline of discussion for the evening to validate the strategic issues approach, to review the goals idendfied at the April 23 goal setting session, to create action steps including timelines and ownership of issues, and to prioritize the issues. Council continued working through the strategic issues. The meeting adjourned at 9:10 p.m. The City Council Agenda Packet is Clerk's File 2005 -20. ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2005 Respectfully submitted, Jamie Verbrugge, City Administrator 1 1 1 Agenda There were no modifications to the agenda. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 24, 2005 Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was duly held on Tuesday, May 24, 2005, at 6:30 p.m. at the Rosemount Community Center, 13885 South Robert Trail, Rosemount, Room 210. Mayor Droste called the meeting to order with Council Members Baxter, and Sterner present. Council Members DeBettignies and Shoe Corrigan arrived at 6:34 p.m. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, Finance Director May, Police Chief Kalstabakken, Public Works Superintendent Cook, City Engineer Brotzler, Project Engineer Aderhold, and Communications Coordinator Cox. Capital Improvement Plan Bonds Series 2005A and Equipment Certificates of Indebtedness Series 20058 Finance Director May distributed the bid results for the Capital Improvement Plan (CIP) Bonds Series 2005A and the Equipment Certificates of Indebtedness Series 2005B. The bonds/certificates are for the Fire Station #2 and equipment. Mr. May indicated the CIP bond had two bidders but one of the bids didn't meet the requirements of the bid. The only bidder accepted was Cronin Company, Incorporated. There were four bidders on the equipment certificates with the low bidder being Wells Fargo Brokerage Services LLC. Terri Heaton from Springsted was present to answer questions from the Council. MOTION by Baxter to adopt a resolution accepting offer on the sale of $2,630,000 general obligation capital improvement plan bonds, series 2005A, providing for their issuance and Levying a tax for the payment thereof. Second by DeBettignies. Ayes: Baxter, Shoe Corrigan, Droste, Sterner, and DeBettignies. Nays: none. Motion carried. MOTION by Baxter to adopt a resolution accepting offer on the sale of $1,535,000 general obligation equipment certificates of indebtedness, Series 2005B, providing for their issuance and levying a tax for the payment thereof. Second by Sterner. Ayes: Shoe- Corrigan, Droste, Sterner, DeBettignies, Baxter. Nays: none. Motion carried. Dakota County Radio Network Police Chief Kalstabakken provided background information regarding the intent to participate in the Dakota County consolidated Public Safety Answering Point (PSAP). Participating cities along with Dakota County would construct an 800 MHz public safety radio system to connect to the regional system already in service. Dakota County expects to pay $750,000 with the remaining cost borne by participating cities. The City of Rosemount's estimated cost would be $N7,000 annually. The system is expected to be operational in 2007. 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING MAY 24, 2005 BT Betting from Dakota County and Jeff Nelson from PSC were present in the audience to answer questions from the Council. MOTION by DeBettignies to approve resolutions indicating the City of Rosemount's intent to participate in the Dakota County 800 MHZ public safety radio network and a consolidated PSAP center. Second by Sterner. Ayes: Droste, Sterner, DeBettignies, Baxter, Shoe Corrigan. Nays: none. Motion carried. Representatives Cedar Corridor Transportation Infrastructure Improvement Group City _Administrator Verbrugge presented information regarding a group of local officials that had formed a committee to serve in an advisory capacity to the Dakota County Regional Railroad Authority (DCRRA) on matters related to transit and transportation improvements to Trunk Highway 77 /Cedar Avenue. Rosemount representatives for this committee would include the City Administrator, an elected official, an alternate, and one citizen. Mayor Droste, Council Members Sterner and Debetdgnies all expressed interest in serving on this committee. Three citizens were suggested as possibilities for serving on this committee. The suggestions included, Steve Toombs Rosemount First State Bank, Sharon LaComb DCTC, and Phil Larson U -More Park. Additional names for citizen involvement would be sent to Mr. Verbrugge via e -mail. MOTION by Droste to table the representative appointment until the next Council meeting. Second by Shoe- Corrigan. Ayes: Sterner, DeBettignies, Baxter, Shoe Corrigan and Droste. Nays: None. Motion carried. MOTION by Droste to adjourn. Second by Sterner. Ayes: Five. Nays: None. Motion carried. The special meeting was adjourned at 7:19 p.m. The City Council Agenda Packet is Clerk's File 2005 -21. Respectfully submitted, Maryann Stoffel Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION MAY 31, 2005 Pursuant to due call and notice thereof the City Council Special Work Session was held on Tuesday, May 31, 2005 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Sterner, and DeBettigniess present. Also in attendance were Assistant City Administrator Weitzel, City Engineer Brotzler, Community Development Director Lindquist, Communications Coordinator Cox, Cable Coordinator Mark Moore and Attorney Bob Vose, Police Chief Kalstabakken, and Police Sergeant Sommers. Mayor Droste requested an add -on to the agenda to discussion restricted parking signs near the high school by resident Ron Jacobson. Mayor Droste recommended this be placed first on the agenda. Parking Signs Ron Jacobson requested consideration by Council to remove all but three of the parking signs in the Carrollton Addition. This area has a street pattern in the form of an "E" which enters onto Chili Avenue. There are only three streets that access into the neighborhood. Mr. Jacobson proposed adding another sign, `Beyond this Sign Both Sides of Street" to the currant sign, "No Parking School Days 7:00 Al■i4 3:30 PM Permit Parking Only." This combined sign would only be necessary at the three entrances off Chili Avenue. All other signs could then be removed. Mr. Jacobson said the parking issue is the worst in spring. Mayor Droste noted that staff in Parks and Recreation, Public Works, and Police departments would be consulted. Mayor Droste agreed this area is unique because of the limited access. This will be addressed at the July City Council work session. Charter Communications Franchise Fee Review Assistant Administrator Weitzel reported that the Apple Valley, Farmington and Rosemount Cable and Telecommunications Commission authorized an audit of franchise fees paid by Charter Communications. This is required every five years and this is the first audit covering the period January 1, 2001 to December 31, 2003 by HLB Tautges Redpath, Ltd. Rosemount receives franchise fees of 59,b of gross revenues with Charter Communications and Fiber to the Home (FTfH). Attorney Bob Vose explained that it is hard to determine what gross revenues are under Jlinnesota and Federal law. The audit uncovered thirteen areas to follow up on which may result in a demand of additional payment. The next step is to present the findings to Charter for negotiations. Charter had not included launch fees (introduction of new channels') and adding programming as gross revenue. Also, the operation of providing internet connecdons was included in gross revenue until March 15, 2005 when the FCC said the internet is not a cable service. Mayor Droste noted that Frontier telephone provider offers Internet connections and there are dish companies that offer cable connections. Mr. Vose noted that F 1111 is really a telephone company providing video and in Minnesota you can't collect franchise fees on telephone services. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION MAY 31, 2005 Cable Communicator Mark Moore reported who was serving on the Cable Commission: Tom Lawell from Apple Valley, Lisa Savic from Farmington, and Jamie Verbrugge and Dawn 'Weitzel from Rosemount. The next Cable Commission meeting is June 23, 2005 and a representative from Charter Cable will attend. Each city representative can advise their City Council and set a deadline for negotiations Mr. Moore noted that the laws are now unenforceable because of uneven regulations. Attorney Vose said that if the company process displays systematic error, it should be corrected. The cable companies will be contacted by Attorney Vose following the Commissions recommendation. Additional years could be audit as well if warranted. Reallocation of Encumbered Funds Police Chief Kaktabakken requested that funds be moved to purchase Tasers and Taser supplies. The Police Department intended to use grant funds to purchase the Tasers but the grant was not approved. The Taser supplies another option to avoid violent force in apprehension and control. One benefit is that it only affects the person in question. Mace aerosol affects whoever is nearby including the officer at times. Police Sergeant John Sommers was present to explain how a Taser operates. Three police officers would be sent for instructor class and the rest of the officers would be trained on Taser use. Staff recommends purchasing five Tasers, one for each squad car The cost is $800 per Taser plus necessary supplies. The funds to be transferred were to be used to purchase software that would enable patrol officers to type reports while in the field. Dakota County has since provided electronic forms which allow the same time saving result. Therefore, staff does not recommend purchasing the Field Based Reporting software which was budgeted at $5,000 in 2004. Mayor Droste advised Police Chief Kalstabakken to place this issue on the Consent Agenda for consideration at the next regular City Council meeting. Dakota County 2005 2010 Draft Capital Improvement Program City Engineer Brotzler presented a letter to Dakota County pointing out four improvement issues to include in the budget. 1. Right turn lane on eastbound County State Aid Highway (SCAR) 38 and by -pass lane on westbound CSAH 38 at the intersection with Shannon Parkway. Shannon Parkway as a Municipal State Aid route is a collector street within the City's street system. The 2003 ADT on Shannon Parkway at the intersection with CSAH 38 is 2,800. Based on this volume of traffic and the 55 MPH speed limit on CSAH 38, the City respectfully requests Dakota County's consideration of this item. 2. The City of Rosemount continues to support the reconstruction of County Road 73 (Akron Avenue) from CSAH 42 to the north corporate limits, proposed to be designed in 2006 and constructed in 2007. 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION MAY 31, 2005 As previously noted, the City of Rosemount anticipates that the section of County Road 73 from CSAH 42 to 2 miles north of County Road 42 will be improved as an urban section with pedestrian facilities. Also, it is anticipated that as part of this project, the existing railroad crossing will be upgraded with a new crossing arm gate system. This system should be designed to meet Federal Rail authority requirements for future establishment of a "Quiet Zone." 3. The City of Rosemount continues to support the CSAH 42 /TH 52 Interchange project and Dakota Counrc's efforts to secure additional project funding. This is a high priority project for the City and as such, the City will continue to work with Dakota County towards the advancement of this project. 4. The City of Rosemount would request that funding be identified for the construction of a bituminous pathway on the east side of CSAH 33 (Diamond Path) from CSAH 42 to Evermoor Parkway. City Council agreed with the statements made in the letter and directed staff to proceed. UPDATES Community Development Director Lindquist presented the opportunity to have a short movie made to market Rosemount. The City of Prior Lake had an example that was put on cable television and down loaded to compact disks to mail to developers. The movie, or video, would include shots of Leprechaun Days and a tour of much of the recent development. The cost is estimated to be $20,000 which is provided for in the Port Authority budget. It will be presented to the Port Authority on July 19, 2005. Council consensus was to proceed to the Port Authority for consideration. Community Development Director Lindquist reported that CPDC has four preliminary designs for the downtown development Block E. Two concept are acceptable to staff, Concepts A and B. Lindquist noted the labeling on the concepts was not correct and because the Minneapolis Star and Tribune is anxious to post an article with photos of the concepts, she is suggesting cropping the maps just to Block E and have the maps refined later. There will be an open meeting on July 27, 2005 for business owners and interested people. Relocation information will be presented and the City Attorney will discuss eminent domain. Community Development Director Lindquist reviewed the concept plans. Council discussed the concept plans and its merits. Mayor Droste noted that the business owners need a consistent message from City staff and Council. Mayor Droste reported that the March for Menrorship was held in Central Park today. About 50 people attended including the St. Paul Pioneer Press. Awareness was raised to participate with our youth by spending time with them. 3 1 Community Development Director Lindquist asked if staff can be directed now to enforce outside trash enclosures. This was set aside due to the downtown plans. Council did not present a strong consensus to move fonvard. Community Development Director Lindquist noted that Ania Wicldund was having a reception to thank those officials involved with the dedication of her property as a park presen-e. Only two council members will attend to provide for the open meeting law. Motion by Mayor Droste to adjourn the meeting at 9:37 p.m. Second by Sterner. Ayes: Five. Motion carried. The City Council's Agenda Packet is Clerk's File 2005 -23. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION MAY 31, 2005 Respectfully submitted, Dawn Weitzel, Asst. City Admin Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 7, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145± Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner, and Baxter attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, Parks Recreation Director Schultz, Communications Coordinator Cox, Police Chief Kalstabakken, and Community Development Director Lindquist. The Pledge of Allegiance was said. City Administrator Verbrugge presented revised minutes for May 17 and May 24, 2005, and special meeting minutes for April 22 -23 and May 23, 2005. An add -on to the Consent Agenda was requested for a charitable gambling license for MLBA Children's Fund at McDivot's. A presentation of appreciation was requested for retiring Utilities Commissioner Paul Heimkes. This was placed on the agenda under the Depatuuent Heads Report section. Council Member DeBettignies moved to accept the agenda with changes to the minutes for May 17 and May 24; additional information for Items 6.o.; and adding to the agenda for Utilities Commissioner Recognition (5.b.); minutes for special meetings on April 22 -23 and May 23 (6.q., 6.r.); and Charitable Gambling License for MLBA Children's Fund at McDivot's (6.s.). Second by Shoe- Corrigan. Ayes: Five. Nays: None. The agenda was adopted. Utility Commissioner Recognition Mayor Droste acknowledged retired Utilities Commissioner Paul Heimkes for his six years of service on that commission. Mr. Heimkes served from February 1999 through March 2005. The City recognizes Mr. Heimke's commitment to the City with his time and talents. Mayor Droste presented Mr. Heimkes with a plaque in appreciation of his service to the City of Rosemount and City Council and staff thanked him. Presentation and Acceptance of 2004 Comprehensive Annual Financial Report (CAFR) Finance Director May introduced Jim Murry, consultant from Virchow, Krause Company, whom conducted the audit. Three documents were produced, 1) a Comprehensive Annual Financial Report, 2) Legal Compliance report, and 3) a report to the City Council. The audit produced unqualified reports that showed no internal changes are needed. 'application will be made for a Certificate of Achievement for Financial Reporting. This is the second year the city has complied with the GASB 34 requirements which allows some comparative information and instigated some changes that make the report easier to read. The goal equity balance is at 55°,0 which is approximately six months of operating expenditures. The overall debt was reduced last year. Mayor Droste commended staff for their hard work. MOTION by DeBettignies to adopt A RESOLUTION ACCEPTING THE 2004 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 2005 COMPREHENSIVE ANNUAL FINANCI.AL REPORT. Second by Shoe Corrigan. Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. Consent Agenda Council Member Sterner asked to pull for discussion Consent Agenda Items 6.o. Play Equipment Proposals for Meadows Park. MOTION by Baxter to approve the Consent Agenda with three add -on items, 6.q., r., and s. and the additional information, the Request for Proposal Report, for Item 6.o.; and, the removal of 6.o. for discussion. Second by Shoe Corrigan. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. a. Minutes of May 17, 2005 Regular City Council Meeting (revised) b. Minutes of May 24, 2005 Special City Council Meeting (revised) c. Bills Listing d. Receive Donations for Parks Recreation Department e. Expenditure Approval from the Donation Account Parks Recreation Dept. f. Liquor License Renewals for 3.2% Malt Liquor and Wine g. Temporary 3.2% Liquor License for Tournament June 18/19, 2005 h. Authorizing Execution of Pictometry Cost Sharing Agreement i. Approve Joint Powers Agreement Minnesota Valley Transit Authority j. Acquisition of an Automated Temperature Control System k. Additional Firefighter Compensation for Special Operations Team Representatives 1. Payment #7 and Final 2004 Street Utility Improvements, City Project #376 m. Approve Purchase of New Inspections Vehicle n. Authorize Recruitments for GIS Coordinator and Staff Engineer o. Play Equipment Prop Jab for Mlcndowa Park (REP provided at meeting) Pulled for discussion p. St. Joseph's Church Restroom Addition q. Add -On Minutes of _April 22 -23, 2005 Special Work Session Minutes r. Add -On Minutes of May 23, Special \York Session s. Add -On Charitable Gambling License for MLBA Children's Fund at McDivot's Play Equipment Proposals for Meadows Park Council Member Sterner requested an overview of Meadows Park plan. Parks and Recreation Director Schultz reviewed the Request for Proposal process. The play equipment will include a large play structure for ages 5 to 12 years, a theme structure for ages 2 to 5 years, a swing set, and two benches. The Parks Recreation Commission approved the proposal by Flanagan Sales at their May 23rd meeting. The theme is based on a tire truck, which is appropriate since the park will be located next to Fire Station No. 2. The surface will be wood chips and safety surfacing. The play equipment should be installed by late fall. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 2005 MOTION by Sterner to recommend purchasing the play equipment proposed by Flanagan Sales for Meadows Park. Second by Shoe- Corrigan. Ayes: Sterner, Baxter, DeBertignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. Transient Merchant and Sales Lot Zoning Text Amendment Community Development Director Lindquist noted this is the second reading for this text amendment. The Planning Commission conducted a public hearing on April 26, 2005. The Commissioners supported the creation of an Interim Use Permit for outdoor sales within certain zoning districts for less than sixty days. Police Chief Kalstabakken reported that language was established for the definitions of school aged children and fundraisers. Identification badges will be worn by all approved transient merchants. The time allowed for sales will be between the hours of 9:00 a.m. and 8:00 p.m. This is a change of one hour less in the evening. Police Chief Kalstabakken noted that a complaint could be phoned into police dispatch at 651-673-3700. It was noted that businesses that are setting up regular routes, where they will have a scheduled return with product, are not required to hold a transient merchant license. Residents were encouraged not to allow sales people into their homes to prevent possible theft. Council Member DeBettignies asked if firewood sales in neighborhoods is permitted. City Clerk Tentink responded that when a product is exchanged for money at the door, a solicitation license is needed. MOTION by Shoe Corrigan to approve the four motions with one polling as follows: MOTION by Shoe- Corrigan to adopt an ordinance pertaining to the licensing and regulation of Peddlers, Solicitors and Transient Merchants within the City. And, MOTION by Shoe- Corrigan to approve a Resolution Authorizing Publication of Ordinance No. XVI.55 amending Chapter 3 -5 of the City Code. Also, MOTION by Shoe Corrigan to adopt an ordinance amending the zoning regulations pertaining to the creation of an Interim Use related to Transient Merchants and Sales Lots in certain Commercial Districts within the Cirv. And, lastly MOTION by Shoe Corrigan to approve a Resolution Authorizing Publication of Ordinance No. B 155 amending Ordinance B, The Zoning Ordinance. Second by DeBettignies. Ayes: Baster, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Four motions were passed. Appoint Representatives for Cedar Corridor Transportation Infrastructure Improvement Group (Cedar Group) 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 7, 2005 City Administrator Verbrugge explained the Cedar Group's purpose is to be an advisory committee to the Dakota County Regional Railroad Authority (DCRRA) on matters relating to transit and transportation improvements to Trunk Highway 77 /Cedar Avenue. Each community involved (the cities of Bloomington, Eagan, Apple Valley, Burnsville, Lakeville, Farmington and Rosemount) is directed to appoint an elected member of the City Council, a business or community representative, and an alternate elected or appointed official. The City Administrator is also requested to be a member. A technical committee is being formed to advise the Cedar Group and they are requesting two staff members with planning and engineering skills Mayor Droste will be a member in the Cedar Group representing MVTA. Council Members Sterner and DeBettignies were interested in participating. City Administrator Verbrugge will participate. Community member Steve Toombs from the First State Bank of Rosemount is interested in participating. Community Development Director Kim Lindquist and Project Engineer Anthony Aderhold have been asked to participate on the technical committee. MOTION by Baxter to appoint representatives to the Cedar Group as follows: Council Member Phillip Sterner as the lead elected representative; Council Member DeBettignies as the alternate elected representative; Steve Toombs as community representative; Jamie Verbrugge as City Administrator; and appoint to the Technical Committee Kim Lindquist, Community Development Director and Anthony Aderhold, Project Engineer. Second by DeBettignies. Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. Announcements City Administrator Verbrugge reported that the Air Cargo legislation may be considered in a Conference Committee. There is still strong support and they are hopeful it will move forward. Mayor Droste reviewed the upcoming regular and special meetings. City Administrator Verbrugge announced Dakota County will be hosting a meeting on June 30 at 4 p.m. celebrating the joint dispatch agreement and other joint initiatives. It will be held at Thompson Park in West St. Paul. Mayor Droste moved to adjourn the meeting at 8:13 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -24. 4 Respectfully submitted, Linda Jendnk, City Clerk Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 15, 2005 Pursuant to due call and notice thereof the City Council Work Session was held on Wednesday, June 15, 2005 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Sterner, and DeBettignies present. Also in attendance were Assistant City Administrator Weitzel, City Engineer Brotzler, Community Development Director Lindquist, Communications Coordinator Cox, Cable Coordinator Mark Moore and Attorney Bob Vose, Police Chief Kalstabakken, and Police Sergeant Sommers. Mayor Droste requested an add -on to the agenda to discussion restricted parking signs near the high school by resident Ron Jacobson. Mayor Droste recommended this be placed first on the agenda. Parking Signs Ron Jacobson requested consideration by Council to remove all but three of the parking signs in the Carrollton Addition. This area has a street pattern in the form of an "E" which enters onto Chili Avenue. There are only three streets that access into die neighborhood. Mr. Jacobson proposed adding another sign, "Beyond this Sign Both Sides of Street" to the currant sign, "No Parking School Days 7:00 AM 3:30 PM Permit Parking Only." This combined sign would only be necessary at the three entrances off Chili Avenue. All other signs could then be removed. Mr. Jacobson said the parking issue is the worst in spring. Mayor Droste noted that staff in Parks and Recreation, Public Works, and Police departments would be consulted. Mayor Droste agreed this area is unique because of the limited access. This will be addressed at the July City Council work session. Charter Communications Franchise Fee Review Assistant Administrator Weitzel reported that the Apple Valley, Farmington and Rosemount Cable and Telecommunications Commission authorized an audit of franchise fees paid by Charter Communications. This audit is recommended every five years and this is the first audit covering the period January 1, 2001 to December 31, 2003 by HLB Tautges Redpath, Ltd. Rosemount receives franchise fees of 5% of gross revenues with Charter Communications and Fiber to the Home (FTTH). Attorney Bob Vose explained some details of the audit. The audit uncovered thirteen areas to follow up on which may result in additional payments to the City. The next step is to present the findings to Charter for discussions. Charter had not included launch fees (introduction of new channels) and adding programming as gross revenue. Cable Communicator Mark Moore reported that the Cable Commission members include: Tom Lawell from Apple Valley, Lisa Shadick from Farmington, and Jamie Verbrugge and Dawn Weitzel from Rosemount. The next Cable Commission meeting is June 23, 2005 and a representative from Charter Cable will attend. Attorney Vose said that if the company process displays systematic error, it should be corrected. The cable companies will be 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 15, 2005 contacted by Attorney Vose following the Commissions recommendation. Additional years could be audit as well if warranted. Reallocation of Encumbered Funds Police Chief Kalstabakken requested that funds be moved to purchase Tasers and Taser supplies. The Police Depatunent intended to use grant funds to purchase the Tasers but the grant was not approved. Tasers offer another force option to avoid violent foccc use in apprehension and control. One benefit is that it only affects the person in question. Mace aerosol affects whoever is nearby including the officer at times. Police Sergeant John Sommers was present to explain how a Taser operates. Three police officers would be sent for instructor class and the rest of the officers would be trained on Taser use. Staff recommends purchasing five Tasers, one for each squad car. The cost is $800 per Taser plus necessary supplies. The funds to be transferred were to be used to purchase software that would enable patrol officers to type reports while in the field. Dakota County's CTIIN Project is developing line- provided electronic forms which allow the same time saving result. Therefore, staff does not recommend purchasing the Field Based Reporting software which was budgeted at $3,00( in 2004. Mayor Droste advised Police Chief Kalstabakken to place this issue on the Consent Agenda for consideration at the next regular City Council meeting. Sanitary Sewer Service Request City Engineer Brotzler presented to the City Council on the proposed extension of sanitary sewer service to 13930 South Robert Trail. This property has been determined to have a non- compliant individual sewer treatment system. As part of the proposed improvements for the GlenRose development, the City has the opportunity to extend sanitary sewer service to this property and the property to the south owned by Todd Franz. Property owner Todd Franz was present to comment. The GlenRose development will require the construction of a lift station. There are two options to provide sanitary sewer service to the GlenRose development. 1) Install a force main along Trunk Highway 3 right -of -way without impact to the adjacent properties. 2) Extend gravity sewer south from the existing line across from the Rosemount Community Center which will provide service to the property at 13930 South Robert Trail and to Todd Franz's property. City Engineer Brotzler noted that the past practices for new development would not impact surrounding property. Mr. Franz felt the addition of sewer service would increase the value of his property as long as it was cost effective. Staff noted that the extension of a gravity sanitary sewer line and water would necessitate the acquisition of easements. Staff would work to negotiate the acquisition of these easements but if unsuccessful. eminent domain may be necessary to secure the easements. Option 2 would require the project to be a 429 project that will extend the project timeline to accommodate the necessary hearings. The 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 15, 2005 timing of the project is critical to the developer because of the shorter time to construct the housing project before winter. Todd Franz, 13930 South Robert Trail, stated that he was not noticed for the meetings for the development. Staff reported that due process was followed. Mr. Franz spoke in favor of the sewer improvement and felt that all properties near his property should have water and sewer as well. City Engineer Brotzler stated that the current practice is not to impact adjacent property when new development is proposed. Mayor Droste noted that on 132nd Court residents were invited to an open informational meeting to address if they would like to add sewer under similar circumstances. Mayor Droste noted that the reaction from some neighbors on 132 Court were strong resistance due to the expense. 'Mayor Droste suggested that if five or less lots are included, staff should proceed to offer the utilities connection. But, if more than five lots, City Council should be asked to consider the project before adjoining property owners are nodfied. City Engineer Brotzler stated that projects always proceed smoother if the neighbors agree with them. Costs were considered for adding utilities north of the GlenRose development. City Engineer Brotzler estimated that water assessments would be $4,000 to $7,000 per lot. The cost of easement rights will affect the assessment amount. Assistant City Administrator Weitzel requested clarification for staff on future development process, would Council like to see staff talk to properties owners when development is near if there are five or less lots? Mayor Droste and Council Member Shoe Corrigan said they trusted staffs judgment and directed staff not to use five as a definitive number but to determine on a case by case basis. Mr. Fraser said for the benefit of resale of his property he would not like to be boxed in without utilities. He also asked if he could sell his property due to the zoning noncompliance. Council Member Shoe Corrigan directed that he could sell it as is, it could not be expanded, but remain one house, one car lot. Dakota County 2005 2010 Draft Capital Improvement Program City Engineer Brotzler presented a letter to Dakota County pointing out four improvement issues to include in the budget. 1. Right turn lane on eastbound County State Aid Highway (CSAH) 38 and by -pass lane on westbound CSAH 38 at the intersection with Shannon Parkway. Shannon Parkway as a Municipal State Aid route is a collector street within the City's street system. The 2003 ADT on Shannon Parkway at the intersection with CSAH 38 is 2,800. Based on this volume of traffic and the 55 MPH speed limit on CSAH 38, the City respectfully requests Dakota County's consideration of this item. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE.15, 2005 2. The City of Rosemount continues to support the reconstruction of County Road 73 (Akron Avenue) from CSAH 42 to the north corporate limits, proposed to be designed in 2006 and constructed in 2007. As previously noted, the City of Rosemount anticipates that the section of County Road 73 from CSAH 42 to 2 miles north of County Road 42 will be improved as an urban section with pedestrian facilities. Also, it is anticipated that as part of this project, the existing railroad crossing will be upgraded with a new crossing arm gate system. This system should be designed to meet Federal Rail authority requirements for future establishment of a "Quiet Zone." 3. The City of Rosemount continues to support the CSAH 42 /TH 52 Interchange project and Dakota County's efforts to secure additional project funding. This is a high priority project for the City and as such, the City will continue to work with Dakota County towards the advancement of this project. 4. The City of Rosemount would request that funding be identified for the construction of a bituminous pathway on the east side of CSAH 33 (Diamond Path) from CSAH 42 to Evermoor Parkway. City Council agreed with the statements made in the letter and directed staff to proceed. UPDATES Community Development Director Lindquist presented the opportunity to have a short movie made to market Rosemount. The City of Prior Lake had an example that was put on cable television and down loaded to compact disks to mail to developers. The movie, or video, would include shots of Leprechaun Days and a tour of much of the recent development. The cost is estimated to be $20,000 which is provided for in the Port Authority budget. It will be presented to the Port Authority on Tuly 19, 2005. Council consensus was to proceed to the Port Authority for consideration. Community Development Director Lindquist reported that CPDC has four preliminary designs for the downtown development Block E. Two concept are acceptable to staff, Concepts A and B. Lindquist noted the labeling on the concepts was not correct and because the Minneapolis Star and Tribune is anxious to post an article with photos of the concepts, she is suggesting cropping the maps just to Block E and have the maps refined later. There will be an open meeting on July 27, 2005 for business owners and interested people. Relocation information will be presented and the City Artomey will discuss eminent domain. Community Development Director Lindquist reviewed the concept plans. Council discussed the concept plans and its merits. Mayor Droste noted that the business owners need a consistent message from City staff and Council. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 15, 2005 Mayor Droste reported that the March for Mentorship was held in Central Park today. About 50 people attended including the St. Paul Pioneer Press. Awareness was raised to participate with our youth by spending time with them. Community Development Director Lindquist asked if staff can be directed now to enforce outside trash enclosures. This was set aside due to the downtown plans. Council did not present a strong consensus to move forward. Community Development Director Lindquist noted that Ania Wicklund was having a reception to thank those officials involved with the dedication of her property as a park preserve. Only two council members will attend to provide for the open meeting law. Motion by Mayor Droste to adjourn the meeting at 9:37 p.m. Second by Sterner. Ayes: Five. Motion carried. Respectfully submitted, The City Council's Agenda Packet is Clerk's File 2005 -25. 5 Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 21, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Baxter, Shoe Corrigan, Sterner, and DeBettignies attending. City staff present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, City Planner Pearson, Communications Coordinator Cox, and Police Lieutenant Kuhns. The Pledge of Allegiance was said. City Administrator Verbrugge presented one additional item for the Consent Agenda: Receive Plans Specifications /Authorize Ad for Bid for Harmony tad Addition Street and Utility Improvements, City Project 394. Council Member DeBettignies moved to accept the agenda with the addition of Consent Agenda Item 6.f. Receive Plans Specifications /Authorize Ad for Bid for Harmony god Addition Street and Utility Improvements, City Project 394. Second by Shoe Corrigan. Ayes: Five. Nays: None. The agenda was adopted. Girl Scouts Gold Award Winners Mayor Droste acknowledged the nine students at Rosemount High School who received the Girl Scouts highest award, The Gold Award. These are girls 14 to 17 years old who apply their citizenship with a chosen project. Melanie Tubbs and Stacey Wolfe were present to receive Certificates of Appreciation from Mayor Droste. The girls worked on a project that provided a program for underprivileged youth in Rosemount. They displayed their leadership and creative abilities to plan activities, procure funds, and organize the program. Ms. Tubbs and Ms. Wolfe commented that they had cooperation from various businesses and the Rosemount Family Resource Center. They made new friends and enjoyed connecting with the youth in the Rosemount. Cassandra Millen and Diane Nitti were not present, but also received acknowledgment for their participation in this project and for receiving the Gold Award. Another group of Girl Scouts selected a project which would donate blankets to those in need. Stephanie Erlandson, Jill Fagerstrom, Lizabeth Mothershead, Tegan Rolek, and Ashley Tooley received the Gold Award this year. Several of these Girl Scouts were traveling and not available for this meeting. Mayor Droste hopes to have them attend a City Council meeting in the near future for community recognition. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with one add -on item, 6.f. Receive Plans Specifications/Authorize Ad for Bid for Harmony god Addition Street and Utility Improvements, City Project 394.. Second by Baxter. Ayes: Droste, Sterner, Baxter, 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 2005 DeBettignies, Shoe Corrigan. Nays: None. Motion carried. a. Minutes of June 7, 2005 Regular City Council Meeting b. Bills Listing c. Expenditure Approval from the Donations Account for Parks Recreation Department d. Authorize Preparation of Feasibility Report- GlenRose Street Utility Improvements, City Project 397 e. Expenditure of $100,000 for Membership in the Twin Cities Community Capital Fund f. Receive Plans Specifications/Authorize Ad for Bid for Harmony 2nd Addition Street and Utility- Improvements, City Project 394. (Added at meeting) PUBLIC HEARING: NEW ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION, Rudy's Redeye Grill, 14845 S. Robert Trail City Clerk Jentink reviewed the request for an on -sale liquor license and Special Sunday liquor license by Charlie Rae, Inc. which is the parent company of Rudy's Redeye Grill, Axel's and Bonfire restaurants. The affidavits of posted and published notice were on tile. City Clerk Jentink noted that the location of the new restaurant is in the Rosemount Crossing commercial development as a freestanding building. The nearest intersection is Highway 3 and County Road 42. The building has 6,500 square feet with a half circle fenced outdoor patio to the east. The combined area will seat 200 customers. The building will have a second story look from the outside, but is only one to two feet higher than the retail commercial buildings. The Planning Commission held a public hearing for the Planned Unit Development on May 23, 2005. The amendment proposed to move the trash enclosure to the west side of the building affecting the sidewalk alignment. The Planning Commission recommended approval noting this will facilitate a unique building for a full- service restaurant. Jentink noted that the liquor license would be conditional on receiving the Certificate of Occupancy for the restaurant and having the named manager pass the police investigation. Council Member Baxter inquired about the report of compliance check failures at some of the restaurants owned by Charlie Rae, Inc. Baxter was concerned this might continue in Rosemount. Police Lieutenant Kuhns said that he spoke with the city clerks in two of the cities of these occurrences and they reported that corrective measures with training were made. Lieutenant Kuhns noted that a few of our currant liquor establishments have had compliance check failures. The Police Department makes random checks to make sure no establishments are getting lax on the state regulations of selling to minors. Council Member Sterner asked about the eight police calls to the restaurant located in Savage. Lieutenant Kuhns reported that was mostly for bad checks and counterfeit money, not disturbances. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 2005 Council Member Shoe Corrigan noted that underage compliance check failures are the responsibility of the servers. Training by the management must be diligent. It was pointed out that the restaurant and the individual server can be charged with noncompliance. Mayor Droste opened the Public Hearing. The owners, Linda Young and Charlie Burrows spoke regarding their training process for staff. They have a zero- tolerance for violation of the underage drinking regulations. Staff will be let -go following the first offense. They will continue to train staff and review liquor regulations before each shift. Linda Young noted that the restaurant will be casual fine dining, similar to a supper club featuring steaks. It is family owned. Ms. Young said she would like Rudy's to be the third place people come to, with home and work placed first and second. MOTION by Droste to close the Public Hearing for the Application for ON -Sale Liquor License for Rudy's Redeye Grill, 14845 S. Robert Trail. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. Council Member Shoe Corrigan urged Linda Young and Charlie Burrows to work with their staff to insure that underage drinking does not occur. Shoe Corrigan said she would support this liquor license application. Council Member Baxter said he was delighted with the proposed restaurant and that he had eaten at one of their existing ones and enjoyed the meal and atmosphere very much. He also would support this request. MOTION by Shoe Corrigan to approve an ON -Sale Intoxicating Liquor License, and a Special Sunday Liquor License for Charlie Rae, Inc. at Rudy's Redeye Grill, 14845 South Robert Trail to be effective October 1, 2005 to December 31, 2005 provided the Certificate of Occupancy for the new building is obtained and a successful background investigation of a named manager of the restaurant /bar. Second by DeBettignies. Ayes: Baxter, DeBertignies, Shoe- Corrigan, Droste, Sterner. Nays: None. Motion carried. 5 -Year Pavement Management C.I.P. City Engineer Brotzler reviewed how the software program works with staff reports of pavement condition indexes to determine an efficient schedule to keep streets maintenanced. This schedule will give residents advanced notice several years ahead of large projects. The schedule can be published on the City web page with an overview of the project. MOTION by DeBettignies to adopt the 2006 -2010 Five -Year Street Capitol Improvement Projects. Second by Sterner. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 2005 County Road 38 Turnback Agreement City Engineer Brotzler explained the function of County Road 38 is mainly a local collector road rather than a regional road. An exchange of a lump sum payment from Dakota County to the City in the amount of $2,900,000 has been negotiated for future upgrades. This is approximately 55 1) 0 of the proposed roadway improvements between Trunk Highway 3 and Akron Avenue to be completed in 2006. The segment of CR 38 between Akron Avenue and Blaine Avenue will remain gravel as a two lane rural section. Discussion ensued about timing of the improvements and delays causing cost increases. If the County kept the road, likely the improvements would not occur as soon because it is not a high priority. MOTION by DeBettlgnies to enter into a Turnback Agreement with Dakota County for County Road 38 between Trunk Highway Sand Blaine Avenue and authorize the necessary signatures. Second by Sterner. Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. Rudy's Redeye Grill (Rosemount Crossing) PUD Major Amendment Case 05-22 AMD City Planner Pearson described the four buildings in Rosemount Crossing noting that Rudy's Redeye Grill was different in character than die other buildings because of its two -story appearance. The restaurant was the primary incentive to the City for approving the development with concessions to architectural, parking and setback standards. Cambrian Avenue will be disconnected at the residential neighborhood to the north and will serve exclusively as the entrance into the commercial area off Highway 3. Council Member Shoe Corrigan requested additional landscaping between Cambrian Avenue and the garbage enclosure to prevent pedestrians walking through. Staff now recommends having the sidewalk cross to the island closer to the entrance of the restaurant. This will increase the puking spaces by one, bringing the total parking spaces provided to 40 and 28 shared spaces with the commercial PUD. There will be a two -sided fireplace facing both inside and onto the patio. The patio will be fenced with bushes surrounding it. Handicap parking will be on the west side of the building. Council Member Sterner liked the esthetics of the building. MOTION by Shoe Corrigan to adopt a resolution approving the PUD Major Amendment for Rudy's Redeye Grill subject to conditions, and an addition of landscaping improvements off of Cambrian Avenue between the sidewalk and trash enclosure. Second by DeBertignies.. Ayes: Droste, Sterner, Baxter, DeBertignies, Shoe- Corrigan. Nays: None. Motion carried. MOTION by Shoe Corrigan to authorize execution of the PUD Amendment agreement for Rudy's Red Eye Grill. Second by Sterner. Ayes: Sterner, Baxter, DeBertignies, Shoe Corrigan Droste. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming regular and special meetings. There will be a health announcement by Dakota County Tobacco Survey on June 24. A downtown redevelopment 4 1 1 1 meeting will be held June 29, 6 p.m. at the Rosemount Community Center, Room 221. City Administrator Verbrugge announced Dakota County will be hosting a meeting on June 30th at 4 p.m. celebrating the joint dispatch agreement and other joint initiatives at Thompson Park in West St. Paul. Mayor Droste moved to adjourn to the Closed Executive Session on labor relations at 8:13 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned following the closed executive session. The City Council Agenda Packet is Clerk's File 2005 -26. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 21, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 5, 2005, at 7:30 p.m. in the Couricil Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, Shoe Corrigan, and DeBettignies attending. City staff present were City Administrator Verbrugge, Attorney Mary Tietjen, City Planner Pearson, Communications Coordinator Cox, Police Chief Kalstabakken, Fire Chief Aker, Fire Captain Reis, and Parks and Recreation Director Schultz. The Pledge of Allegiance was said City Administrator Verbrugge presented two additional items for the Consent Agenda: 1) Planning Commissioner Resignation of Laurie Humphrey, and 2) Temporary On -Sale Liquor License application for the American Legion for Leprechaun Days. Mayor Droste moved to accept the agenda with the addition of Consent Agenda Item 6.r. Planning Commissioner Resignadon and Item 6.s. Temporary On -Sale Liquor License. Second by Sterner. Ayes: Five. Nays: None. The agenda was adopted. Public Comment Marianne Brown, 7754 142nd Street West, Apple Valley, is Supentor for the Soil and Water Conservation District 2. She came to speak to city officials to remind them of the assistance available through this agency. Ms. Brown also participates in the Metropolitan Association of Soil and Water. Rosemount's rapid development may benefit from both rural and urban programs that are available. The City staff and officials were invited to contact the Soil and Water Conservation agency for technical assistance in management, control, and protection of the County's soil and water resources. Mayor Droste said the City appreciated very much the work that is done by the Soil and Water Conservation agency and thanked Ms. Brown for her introduction. Robert Pfaff, 2825 138th Street, Rosemount Woods Mobile Home Park, reported that he felt the banners and holiday lights should be distributed evenly on the main streets in Rosemount. Mr. Pfaff complained that streetlights that are not operating should be repaired faster. He had noticed five or six streetlights burned out throughout the city that have not been repaired. Mayor Droste stated that staff will research this and report back. Congressman John Kline City Administrator Verbrugge introduced Congressman John Kline who represents the City of Rosemount in the United States House of Representatives 2nd District. Congressman Kline gave updates on several topics that are being considered in Washington, D.C. The Transportation Bill which apportions funding for road projects is at Conference Committee now and has passed the House and the Senate. An Energy Bill will add new law providing for new job opportunities. A Budget Bill will allow funds to be released by September 30. A discussion ensued about national issues such as: illegal immigration, health care expectations, 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2005 aid to Africa, and the economy. Mayor Droste highlited the need to rewrite the 1996 Telecommunications Act regarding franchise fees. Congressman Kline said that issues such as eminent domain and condemnation rulings may affect how cities can develop. He noted that concentrated efforts ith county boards and commissioners can also reach Washington D.C. commissions, such as the Cedar Corridor Project. Congressman Kline invited city officials, staff and residents to contact him at his Burnsville office or in Washington, D.C. and thanked City Council for allowing him time. Mayor Droste and City Council thanked Congressman Kline for his input and participation in the needs of the City. Special Event Update Leprechaun Days Parks and Recreation Director Schultz introduced the chair of the Leprechaun Days Committee Doreen Perkins and Committee Member Tad Johnson. Ms. Perkins presented the scheduled events, many repeated events and some new ones. This year there will be a Classic Car Show at Big Daddy's Restaurant. Mr. Johnson reported that there are 46 events and the planning meetings have had good participation. The Committee thanked the City for their participation by staff from the Parks, Public Works, and Police Departments. There are Leprechaun Days buttons available for $1. Mayor Droste thanked the Leprechaun Days Committee for all their hard work. Consent Agenda Council Member Sterner requested that Items 6.p. and 6.q. be pulled for discussion. MOTION by DeBetdgnies to approve the Consent Agenda with the addition of two items, 6.r. Planning Commissioner Resignation and 6.s. Temporary On -Sale Liquor License and the removal for discussion Items 6.p. and 6.q. Second by Shoe- Corrigan. Ayes: Baxter, DeBetdgnies, Shoe Corrigan Droste, Sterner. Nays: None. Motion carried. a. Minutes of June 21, 2005 Regular City Council Meeting b. Minutes of May 24, 2005 City Council Work Session c. Bills Listing d. Receive Donation for Fire Department e. Receive Donation for Parks and Recreation Department f. Expenditure Approval from the Donations Account for Parks Recreation Department g. Budget Amendments h. Accept and Award Bid for Fire Department Mini Rescue Vehicle Body i. Authorize Preparation of Feasibility Report 2006 Pavement Management Project, City Project 396 j. Resolution and Consent Order Imposing Civil Penalty on PCS Liquors, LLC, d /b /a Rosemount Liquor Mart k. Resolution and Consent Order Imposing Civil Penalty on Apple American Limited Partnership of illinnessota, d /b/ a Applebee's Neighborhood Grill Bar ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2005 1. Resolution and Consent Order Imposing Civil Penalty on Supervalu, Inc, d /b /a Cub Foods m. Temporary 3.2% Malt Liquor Licenses n. Heritage Development LLC PUD Agreement, Southeast Corner of Chippendale and Carrousel Way 0. Authorization for Temporary Street Closings and Amendment to Service Agreement p. Roacmwunt Plaza Condominium3 PUD Minor Arm 1dmcnt Ca3c 05 31--,-)A143 q. Schedule Council Work Scs3io.± f r \X ".dnc3dac, July-2.24405 r. Add -On Planning Commissioner Resignation s. Add -On Temporary On -Sale Liquor License Rosemount Plaza Condominiums PUD Minor Amendment Case 05 31 AMD Council Member Sterner supported the original PUD with a fountain because it focused on a gathering place for residents. City Planner Pearson.reported that the residents had voted to remove the fountain and cement because of the expense of repairing it. Mx. Lucking was representing the condominium association. Mr. Lucking reported that the fountain had settled and the drainpipe was broken. He said he was told it would be better to start over than try to repair the current fountain. Parks and Recreation Director Schultz reported that a similar project was estimated to be from $65,000 to $75,000. City Administrator Verbrugge said the cost is the responsibility of the Association. Local skateboarders have been unwelcome users of the fountain area because of the hard surface. Staff recommends returning the area to green space (3,000 sq. ft. of sod) to eliminate the skateboarder problem. City Planner Pearson noted that in 1985 the city provided $45,000 of funding for improvements in the open area. Staff also suggested removing the steps so that the area would be handicap accessible. MOTION by DeBettignies to adopt a resolution approving the minor PUD amendment for the Rosemount Plaza Condominiums. Second be Shoe- Corrigan. Ayes: DeBettignies, Shoe- Corrigan, Droste, Baxter. Nays: Sterner. Motion carried. Schedule Council Work Session for Wednesday, July 27, 2005 Council Member Sterner reported that he is not available on July 27, 2005, but could attend on Thursday, July 28, 2005. Council Member Shoe Corrigan reported that she would not be available that entire week, but felt it was important to move forward with the topics of discussion. Discussion ensued. The consensus was to hold the meeting on July 28. MOTION by Sterner to set a special Work Session of the City Council on Thursday, July 28, 2005 at 6:30 p.m. Second by DeBettignies. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBertignies. Nays: None. Motion carried. Adopt City Council Goals 2005 2006 City Administrator Verbrugge reviewed the Council's process for determining priorities for the City of Rosemount. They looked at both short and long -term goals during two special 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2005 meetings. Five goals were reached that point to specific goals and action steps for each. The five main goals are: 1. Defining mix and quality of amenities appropriate to Rosemount 2. Achieving balanced growth 3. Maintaining service levels and quality while expanding 4. Achieving a competitive tax rate with other cities in market area 5. Accomplishing downtown redevelopment These goals will be published in the newsletter and posted on the web site for residents to view. These goals also provide clear direction to Council and staff for the 2006 budget process. City Administrator Verbrugge said the goals with action steps is a "living document" and will be adjusted when warranted. Council Member Sterner questioned the wording for goal number four. He remembered discussion about diversifying our tax base and adding to commercial growth and requested additional verbiage to reflect that. Council Member DeBettignies thought that the point was covered with the goal detail statement, "Define competitive tax rate level (target)." DeBettignies said the premise was to have an average tax base, not the top rated one or the bottom rated one. City Administrator Verbrugge said the language in the Key Financial Strategies was 65/35 °%0 which would have periodic review. Council Member Shoe Corrigan suggested leaving the goal as is for this year and then work toward the tax base issue next year. Council Member Baxter agreed that they must increase commercial development. Council Member Sterner agreed to keep the goals as presented. MOTION by Sterner to adopt the City Council Goals for 2005 2006. Second by Shoe Corrigan. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan. Nays: None. Modon carried. Change August 2, 2005 City Council Meeting Date City Administrator Verbrugge reported that the National Night Out campaign is being held on Tuesday, August 2, 2005. City Council has in the past support the campaign by attending the over 24 block parties held in neighborhoods throughout Rosemount. Police Officer Chad Rosa is coordinating the block parties and providing barricades and demonstrations from the police and fire departments. MOTION by DeBettignies to change the first meeting for the month of August for the Rosemount City Council to Monday. August 1, 2005 from the regularly scheduled Tuesday, August 2nd meeting. Second by Sterner. Ayes; Sterner, Baxter, DeBectignies, Shoe- Corrigan, Droste. Nays: None. Mohan carried. Announcements Mayor Droste reviewed the upcoming regular and special meetings. There will be a regular Port Authority meeting on July 19, 2005 at 6:30 p.m. 1 1 1 Mayor Droste moved to adjourn Second by Sterner. Ayes: Five. Nays: None. The meeting was adjourned at 8:45 p.m. The City Council Agenda Packet is Clerk's File 2005 -27. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 5, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Pursuant to due call and notice thereof a City Council Work Session was held on Wednesday, July 13, 2005 at 6:31 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, DeBertignies, and Baxter present. Council Member Sterner entered at 6:53 p.m. following the Rosemount Woods discussion. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, Communications Coordinator Cox, Parks and Recreation Director Schultz, Community Development Director Lindquist, City Engineer Brotzler and City Clerk Jentink. Fire Chief Aker entered at 8:30 p.m. DISCUSSION a. Rosemount Woods Petition City Administrator Verbrugge requested direction on how City Council would prefer to proceed in response to a petition regarding enacting an ordinance related to the process and relocation compensation for manufactured home park closings. Several metro -area communities have adopted ordinances related to manufactured home park closings. Samples were obtained from Apple \Talley, Bloomington, Lake Elmo, and Oakdale. Minnesota Statutes section 327C.095 gives cities the authority- to require additional compensation to residents in the event of a park closing and relocation. The sanple cities cap the compensation at 20"'b or 25% of the greater cost of the purchase price of the park or the county assessor's valuation of the park in that tax year. The sample ord allow economic protection for manufactured park residents. Fewer manufactured home parks are available so relocation alternatives cannot always be found. Mr. Verbrugge reported that the City of Lakeville recently considered a similar ordinance but the Lakeville City Council declined approval because it felt the State provided adequate coverage. Mr. Verbrugge also stated the City is not aware of any plans CO sell or close Rosemount Woods Mobile Home Park. LaVonne Woodruff was the Rosemount Woods resident who organized the petition to request City Council to consider an ordinance to help protect the home values in the event the land in the park would be sold for development. Ms. Woodruff reported the cost to move a mobile home to be $4,300 to S6,000 for a singlewide trailer and $9,400 to $12,000 for a doublewide trailer. Bemie Sievert, a Rosemount Woods resident, has lived in Rosemount Woods since 1985. Mr. Sievert was concerned for the value of his home. He supported the management team of Hometown America because they have made many improvements to the park. Mr. Sievert stared that the wheels were removed from his mobile home as were many others. This can cause an additional expense when moving. Sally Lubrant, manager of Rosemount Woods, supported the residents and their right to request an ordinance to protect themselves. She reported she was not aware of any pending sale of the mobile home park. Ms. Lubrant stated management is adding new homes and a model home to promote Rosemount Woods. Council Member Baxter recognized the need for affordable housing. He would prefer to have a comprehensive ordinance similar to Apple Valley's ordinance. Mr. Baxter stated it was a very well written document. Mr. Baxter pointed out that it made sense to protect affordable housing in Rosemount. Mayor Droste acknowledged it would be good public policy to preserve affordable housing. 1 1 1 Council Member Shoe Corrigan requested an inventory of affordable housing in Rosemount. Barbara Stanley, a Rosemount Woods resident, stated the current management in Rosemount Woods Mobile Horne Park has improved the condition of the park. Ms. Stanley was in favor of a protective ordinance for the mobile home park. Council Member Sterner entered the meeting at 6:53 p.m. Ms. Lindquist pointed out the land use amendments recommended by the Planning Commission following the June 28, 2005 public hearing. 40 acres of Courteau property changed from Mixed Industrial to Medium Density Residential. 70 acres of FHR property from mixed Industrial to General Industrial 460 acres of FHR property from Rural Residendal andUrban Reserve to Agriculture 20 acres for two residences from Urban Reserve to Rural Residential FHR property bounded by the railroad to the east, Blaine Avenue to the west, County Road 42 co the south and the ridge to the north changed from Business Park to Mixed Industrial ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Mayor Droste updated Council Member Sterner that staff will move forward with review of an ordinance for manufactured home parks. City Administrator Verbrugge indicated the staff load would not permit review until fall. The City Council and those present were agreeable to that timeline. b. 42/52 Comprehensive Plan Amendment Community Development Director Lindquist presented a letter and map showing distance rings at one, two and three mile radii from Flint Hills Resources (FHR) in relation to the 42/52 Comprehensive Plan Amendment. Ms. Lindquist explained that this is a long -range plan, a blue print for the future. Development would expand west to east in an organized process. Ms. Lindquist pointed out that the zoning would not be changed immediately with this amendment but as each property was developed. The Planning Commission supported these residential densities: Urban Residential 1 -4 units per acre Medium Density Residendal 4 -8 units per acre High Density Residential 8 -20 units per acre The medium density is a new classification. Ms. Lindquist commented that if the City does not open up the ML SA area east of Akron there may be a drop in building permits. The 42/52 interchange improvements proposed by the State and Count' will be changing the focus of land uses and allowing residendal growth to the east of Highway 3 which then increases the need for commercial sen-ices. Ms. Lindquist stated that Rosemount does not have sufficient cornmerdal zoning districts. ARCON is looking to develop commercial with residential land use on the north side of Count Road 42 and Akron Avenue. ARCON requested 20 acres for commercial City staff is requesting 60 acres of commercial to support the residential growth. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 The Business Districts are divided into four zoning districts, C -1, C -2, C -3, and C -4. Further discussion on allowable uses in the C -3 and C -4 districts will be held at the August City Council work session. Ms. Lindquist noted that Flint Hills Resources was opposed to any residential east of Akron Avenue. Flint Hills appears co prefer a buffer area around the oil refinery. Mayor Droste asked the City Attorney how to weigh risk. Citv Attorney LeFevere stated the City would be immune from liability, but still needs to decide what good public policy is and try to take into account reasonable risk. In this case, Flint Hills would like to keep development away to minimize any possible safety hazard. Mr. LeFevere said it is up to the City Council to decide on land use, but it would not want to create a risk to residents. A compatible land use should be selected. Mr. LeFevere gave the example that a day care center would not be appropriate next to a heavy industrial district. Mr. LeFevere gave the example that if the City wanted to erase all liability issues, there would be no parks Reasonable legislation by the Council to make public policy for land use is possible. The state and federal agencies monitor land use for safety. Mr. LeFevere stated that the standards are not being violated nor are there any specific concerns that have been identified in the eastern area of Rosemount. City Administrator Verbrugge noted the probability to determine safety is a process. Mr. Verbrugge stated the example that a percentage of probability can be attached to the once every 100 years rainfall to detemnine risk. Mr. Verbrugge noted that it is problematic as to the relationship between image and actual facts. Rosemount has a Emergency Disaster Plan in place, yet the hope is that the City will not have to use it. Mr. Verbrugge reported that the prevailing winds, or wind rows, blow to the northeast, so Rosemount rarely receives any odors from the industrial area. Ms. Lindquist stated that winter temperature inversions within one to five miles of the refinery may be dangerous if contaminates are expelled. Ms. Lindquist pointed out that Rosemount had only three days last year that would be considered temperature inversions so the risk would be considered low. Ms. Lindquist commented that no one knows what the real risk is in the industrial area. Some cities have housing across the street from a refinery. Examples can be found even though there may be some risk. Ms. Lindquist added that one of Council's goals is to add commercial base fot Rosemount. If no residential zoning is allowed on the east side of Akron Avenue, there may not be any added commercial property in that area. It appears that Flint Hills is comfortable selling land to commercial businesses on their Rosemount property. Ms. Lindquist noted that any risk would be the same for businesses as for residential. There may be more complaints from residential land owners regarding smells because they are present at their homes longer hours. Ms. Lindquist noted that one control Council may consider is to not allow further expansion of the refinery. She stated that guiding land use helps property owners to know what is expected for land usage. Staff noted chat Akron Avenue is proposed to be upgraded. It will have a visible corner with some access issues on County Road 42. Ms. Lindquist presented the option of considering the land use as business park rather than industrial on County Road 42. Mayor Droste stated that government should be guiding land use. The recommendations will be considered at the City Council meeting on July 19. Council Member DeBettignies pointed out the need for water towers and hotels. Mr. DeBettignies favored 39 acres of commercial property at ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Akron Avenue and CR 42 with the residential component. Mr. DeBettignies stated it is very important to guide the University property to what Council deems as the most feasible land use. Council Member Shoe- Corrigan stated that Flint Hills can go forward with developing a park area on their land. There are no land restrictions regulating chat development within the proposed land use amendment. Council Member Sterner firmly stated that residential zoning close to Flint Hills would not be favorable. Mr. Sterner noted that chemical discharge or exposure to any noxious or poisonous gas CO residents would not be responsible. Mr. Sterner inquired about the probability or ratio for a chemical spill or gas release and what if Flint Hills expands. Staff will research more information. Mayor Droste noted that homes are one block away from holding tanks in other cities. Mr. Droste considered it reasonable to have residential one to two miles away from Flint Hills Ms. Lindquist stated chat Police Chief Kalstabakken had collected informadon about refinery concerns. Mayor Droste noted how time changes the perception of concerns. Council Member Baxter commented that more commercial businesses are needed to reach selected City goals. Technically, Mr. Baxter stated, it is much easier to go from commercial to residential zoning than residential to commercial Mr. Baxter stated that the legal risk in case of a chemical spill is to Flint Hills, not the Cite. The other possible risk may be to the people who purchase homes in this area. Mr. Baxter noted that to zone residential one mile away from possible danger is reasonable. Mr. Baxter affirmed that land use should make sense and business park land use is a good idea for the 42/52 interchange area. City Attorney LeFevere considered the risk of hazard and how it affects the zoning. The Federal Water .Air Act standards provide protecdon. Mr. LeFevere stated that nuisances can be regulated. Potential hazards and nuisances, if there are any, should be regulated by federal and state agencies. Staff stated this issue will be considered at a future work session. c. Lebanon Hills Regional Park City Engineer Brotzler and Mr. Pete \C'illenbring from \VSB Engineering reviewed the Lebanon Hills Regional Park stoma water drainage issues. Mr. Brotzler said the goal is to continue working coward a solution to the flooding in the park and on Cliff Road in Eagan. Storm water management plans have been discussed with the Dakota County Parks Department. The recommendations estimate a cost of $3 6 million to address the drainage issues and they are looking for cost sharing with surrounding cities and government agencies. Mr. Brotzler noted there are about 800 acres in Rosemount that drain into Lebanon Hills Park. There was more land that drained toward Lebanon Hills prior to development in Rosemount. The beginning discussions have included various options of how co pay for the needed improvements. The cost may be prorated by the county and cities, but no clear methodology was determined for payment and there have not been any direct requests to Rosemount for payment to date. The Dakota County Physical Development Committee on July 26, 2005, addressed the technical components of the plan. A sixty -day public review period will be held and then project funding and participation will follow. Mr. Brotzler did not know what percentage of cost sharing might be expected from the City of Rosemount. City Attorney LeFevere pointed out that Cite Council might want to consider legal positions such as the historical conditions, changes the City has made, ecological issues, and options the city may have. Mr. LeFevere directed chat staff 4 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 needs direction from Council on this drainage issue and then staff will participate in cost sharing discussions. Mr. \Villenbring pointed out the eastern area of Eagan involved in the drainage issue on a map before the Council. Mr. \Willenbring noted the construction of 120t Street is like a damn, holding back water in Rosemount unless a large amount of rain is received. One to six inches of rain is now trapped in low areas before it reaches Eagan. If it rains more than six inches or if a fast snow melt occurs, the runoff water flows toward Lebanon Hills Regional Park. Mayor Droste reminded the group that Rosemount is paving $5 million to Metropolitan Council to transfer our storm water to the Nlississippi River. He noted that no other city is helping us pay that amount. The Eagan proposal is estimated at $4.8 million which includes a berm and a lift station. Mr. Brotzler reported chat the Department of Natural Resources (DNR) has designated Holland Lake as a trout lake and will not allow storm water influx because of its affect on the trout. Mayor Droste stated the City of Rosemount has gone above the requirements as a city when it made the difficult decision to take the flowage from the Vermillion Watershed and divert it to the vfississippi River. Mr. Brotzler estimated that the cost to divert any of the storm water drainage from Eagan would be expensive. Charlie LeFevere stated that the City of Rosemount does not have legal liability for Lebanon Hills Regional Park. Mr. Sterner commented it is a county -wide issue and perhaps the Vermillion Watershed Funds might also be used. Mr. Baxter noted that the letter to the Dakota County Commissioners was not persuasive enough and he was not eager to spend city finds on Eagan's drainage issues. Mr. Sullivan, Parks and Recreation Director for Eagan, addressed the Council. Mr. Sullivan pointed out that a single reason for the drainage problems cannot be identified. That being said, the problem of flooding still needs to be addressed. Mr. Sullivan reported there are over 100 ponds and wetlands that contribute to the flooding of Cliff Road which had five feet of water over it in 2000. Mr. Sullivan said that in 2000 local neighborhoods lost access into their homes and twenty families had to be evacuated. The state park is a regional resource that has over 500,000 visitors a year with 70% coming from Dakota County. DIr. Sullivan commented that the Board of Commissioners realize neighboring cities are not eager to participate in the cost sharing. Mr. Broczler stated that Holland Lake is designated a trout lake by state DNR and is protected. So, even the stare benefits from correcting the drainage flow. This shows that the benefit is not just local. It was reported that Minneapolis did get the state to help with funding for Lake of the Isles. All major agencies should be asked to participate, if some do not want to participate then we move on. Mr. Sullivan has made application for a $3 million matching grant through state agencies. Mayor Droste maintained that the area of land affecting the flow could be used to determine participation in cost sharing. Mr. Droste agreed this is a difficult issue. City Administrator Verbrugge asked how often a 600 -year event happens or one like the super storm in 2000. Mr. Sullivan said Eagan has been pumping storm water about twice a year to prevent overflow onto Cliff Road. Mr. Verbrugge pointed out that if Council decides a case is not made, they are not locked into participating. Cite Attorney LeFevere was directed to make the language stronger in the letter to the Dakota County Board of Commissioners prior to its meeting on July 26, 2005. 5 The meeting was recessed at 8:59 p.m. and reconvened at 9:12 p.m. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 d. CDA Concept Plan Community Development Director Lindquist explained the Dakota County Community Development Agency's concept plan for a potential multi family affordable housing project. The property location is in the northwest quadrant of the intersection of Connemara Trail and Highway 3. Utilities would be brought in from the Glendalough development CO the west and it would have a proposed access on Dodd Road to the north. Ms. Lindquist inquired if Council is willing to consider adding this parcel into the MUSA area. The property is owned by two parties, one is interested in selling and the other one is not interested in selling at this time. Ms. Lindquist stated the topography is difficult at this site. Council Member Shoe- Corrigan commented that the transitional zoning should be changed to medium density after the 42/32 Comprehensive Plan Amendment is adopted. Ms. Lindquist agreed to the medium density zoning. Ms. Kerry Gill, Community Development Agency (CDA) proposed family townhomes for work force housing in Rosemount. There would be a fixed rent within income limits (6G" n of the medium income;. This proposed project would have 34 units and is similar w other CDA developments. Ms. Gill said the CDA has been interested in finding a site in Rosemount for several years. Mr. Kim Bretheim, an architect for the CDA described a gas pipeline easement that will require agency approvals for development which is estimated to take about a year to acquire. Ms. Shoe Corrigan stated she was excited about this development. Ms. Shoe- Corrigan requested a trail be added in front for residents to have access to parks. Mt. Sterner approved of the concept and suggested that mass transit be available and he suggested that a small youth park should be provided. Mr. Sterner inquired about the quality of the construction. Ms. Gill said it would be standard building materials that are maintenance free and which the CDA has had good results with in the past. Mr. Baxter inquired if the City would be required to contribute financially Ms. Lindquist reported the City has CDBG funds that are intended for affordable housing. Ms. Gill said the CDA would appreciate the City's unused CDBG funds which could be allocated by the Port Authority. Mr. DeBetdgnies had concerns for the connector streets to the north on the site plan. Ms. Gill noted they are limited to what can be developed over the pipeline easement. Ms. Gill pointed out that a tot lot park would be provided for kids less than 13 years of age. Ms. Gill stated the majority of the construction materials proposed are maintenance free materials. Mayor Droste stated it made good sense to guide the land use for this project. fle noted it seem appropriate to zone this medium density since there is high density senior housing on the southern side of Connemara Trail. A letter of interest was received from the Ostercag family for the sale of their property to the CDA; although no commitment has been made. e. Rezoning for ALC City Administrator Verbrugge initiated discussion regarding the school district's need to possibly build a new alternative leaning center (ALC). The Carlson property, south of CR 42 at Chippendale Avenue is being considered. however, this site is not appropriately zoned for that use. Ms. Lindquist 6 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 inquired for the involved parties if City Council would be interested in considering a rezoning to allow the ALC. Ms. Lindquist related that staff recommended that a text amendment be made allowing C -4 to include education services other than secondary school. The school might consider a lease for the building which could be constructed similar to an office building. This would allow the building to move into a commercial use if the ALC no longer needed the building. Council Member Sterner noted that would be good planning since the student population is forecasted to drop. Council Member Baxter stated as a business person, he would not think that sntdents would be a good neighbor. Mayor Droste stated he assumed children attending would not be driving cars to the facility. Ms. Lindquist stated she would let the school district know the City is interested and a pending zoning text amendment will be considered. UPDATES a. Fire Station No. 2 Site Plan Mr. Verbrugge reported that the Planning Commission approved the site for Fire Station No. 2 north of Connemara Trail at Azalea Avenue. Ms. Lindquist noted that the Council would have to appeal this approval at this time if they had any concerns. The three conditions made at the Planning Commission meeting were: 1) Elimination of the "restrictive parking" within 30 feet of the Connemara Trail right -of -way; 2) Permission by Northern Natural Gas Company for the parking lot and driveway encroachment into the pipeline easement; and 3) Azalea Avenue should be posted for no parking north of Connemara Trail. Council consensus was agreeable to the site for Fire Station No. 2. The color scheme was briefly discussed concluding that tans and burgundy would be acceptable. b. Community Center Parking Mr. Verbrugge presented the school districts need for additional parking in the Rosemount Community Center south parking lot. This would be for overflow parking only at a reduced fee from the regular high school parking permits. A joint powers agreement is pending. Parks and Recreation Director Schultz pointed out that the administration at the high school would manage the fee program and monitor the lot for trash and safety. Mr. Schultz expressed some frustration when high school students encroach on event parking. He pointed out the high school should educate the students as to the need for a parking permit and the need to follow the rules. Mr. Verbrugge noted that the school indicated space at the community center would not be needed until late fall and the remainder of the school year. c. No Parking Signs Follow up Mr. Verbrugge requested a follow -up on the no parking signs added last spring to the Carrollton neighborhood west of Chili to keep high school students from using the residential parking. Two residents have complained about the frequency and location of the signs. Mayor Droste explained that the limited access does make this street unique and that perhaps fewer signs are needed due to the horseshoe shape street entering Chile Avenue. Ms. Shoe- Corrigan suggested leaving all the signs until the students learn the parking rules and then remove the signs except two at the access points. Council consensus was to be responsive to all residents. Mr. Verbrugge was directed to talk with Mr. Jacobson and staff will monitor the students' response to the signs. UPDATES New Airport Runway Mr. Verbrugge reported that a meeting will be held on Thursday, September 29 with Metropolitan 7 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 13, 2005 Airport Commission at the Rosemount Community Center to partner with them to provide information to residents. ALDI Grand Opening ALDI grocery store will hold its grand opening on August 4, 2005 at 9:00 a.m. Council and staff are invited to attend. Congressman Kline Letter Mr. Verbrugge sent a thank you letter to Congressman John Kline in which he mentioned the local view of eminent domain as a necessary- tool for economic development. Air Cargo Mr. Verbrugge noted that the Air Cargo issue in Congress appears that it may have a positive outcome. Watering Restrictions Council Member DeBetdgnies had a resident suggest that the odd /even water restrictions be eliminated on day 31 of any month. This would eliminate having two odd days in a row. Council was not opposed to the suggestion. Leprechaun Days Parade Council Member Baxter reminded Council about the July 30 11:00 a.m. parade and discussed the plans to carry a banner for City Council. Street Light Outages Council Member Sterner inquired about follow up to Mr. Pfaff's concern for street lights that had not been fixed in an acceptable amount of time. Mr. Verbrugge reported that Excel Energy maintains the streetlights and they stated they would like to discontinue maintenance of Group 5 Decorator Lighting. Excel plans to file an amendment to the Public Utilities Commission. Mr. Verbrugge explained that the light fixtures had been ordered and replacement should be completed soon. Planters Council Member Shoe Corrigan reported she had selected topiaries to place in the large planters along the collector streets in Rosemount. She described the topiaries as wrought iron urns filled with flowering plants. Ms. Shoe- Corrigan coordinated plans with the City's flower gardener to plant fall flowers and bulbs that will bloom in spring. Mayor Droste requested holiday lights on the pine trees south of the K'WIK Trip. Motion by Mayor Droste adjourned the meeting at 10:29 p.m. The City Council's Agenda Packet is Clerk's File 2005 -28. 8 Respectfully submitted, Linda Tentink, City Clerk Recording Secretary 1 1 Pursuant to due call and notice thereof a City Council Special Work Session was held on Tuesday, July 28, 2005 at 6:33 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members Sterner, DeBettignies and Baxter present. Also in attendance were City Administrator Verbrugge, City Engineer Broczler, Operations Superintendent Cook, Parks and Recreation Director Schultz. Assistant City Administrator Weitzel, Finance Director May, Fire Chief Aker, Community Development Director Lindquist, and Police Chief Kalstabakken entered at 7:30 p.m. for the budget discussion. DISCUSSION a. Pedestrian Facility Improvement Plan Cite Engineer Brotzler reported that Staff has been working on a maintenance and improvement plan for nvo years for the City's trail and sidewalk system. A map was presented displaying existing trails and sidewalks along with proposed trail and sidewalk replacements and additions. The proposed plan was developed in recognition of the need to maintain and replace existing trails and sidewalks and to make trail connections for continuity in the trail system. The plan also reflects a desire to have dual systems, a trail on one side and a sidewalk on the other side, of collector streets. Project segments were prioritized by Staff co first replace and maintain existing trails and sidewalks that are deficient-. second to make trail and sidewalk connections for continuing; and, third to expand the trail and sidewalk system along collector streets. Cost estimates were determined for each segment of trail or sidewalk. Since 2003, the annual operating budget has included 5125,000 for trail and sidewalk improvements. A portion of the annual budget amount has been used to replace, repair and install new trails and sidewilks with projects that have occurred. Mr. Brotzler reported that $270,000 has been encumbered for the Pedestrian Facilities Improvement Plan. Based on estimated project costs, staff is recommending that funds continue to be encumbered until there is a sufficient balance to do a large -scale project. The Parks and Recreation Commission and City Council had reviewed the draft plan in 2003. In Jarman- 2004, a public informational meeting was held for property owners adjacent to the proposed improvements. Comments received from this meeting and by mail were provided to City Council. Staff is now working on prioritizing segments for completion and requests City Council's direction. Mayor Droste invited Ms. Kearney to speak. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION JULY 28, 2005 Lori Kearney, 13990 Dander Court, spoke on behalf of her neighborhood of 16 homes with about 20 children who access Shannon Parkway. Ms. Kearney reported there are no sidewalks on the west side of Shannon Parkway. This makes it difficult to move smaller children and strollers to destinations like Connemara Park. Ms. Kearney and her neighbors would like to see a crosswalk near their location. Ms. Kearney stated that the children do not use the crosswalk at the intersection at Connemara Trail and Shannon Parkway which puts them in harms way frequently. Mayor Droste stated that by providing sidewalks to three cul -de -sacs on Shannon Parkway the City could provide safe access to 30 to 50 homes. Mayor Droste was concerned about safety. He stated he would give priority to the construction of these trail segments before replacing existing trails and sidewalks. The three trail sections along the west side of Shannon Parkway to be further reviewed by Staff and considered by Council are 1)133` Court West to Daffodil Path; 2) Connemara Trail to Dander Court; and, 3) 141' Court West to Dearborn Path. 1 City Administrator Verbrugge stated there are no legal liabilities for the City to add additional crosswalks since all state guidelines have been met. Mr. Brotzler stated his recommendation for trail /sidewalk projects would be to consider construction of entire segments with a beginning/ ending point at existing trail/ sidewalk systems to avoid creating more disconnected trail and sidewalk systems. Discussion was held to consider having the Public Works department perform the paving for shorter jobs. Staff noted that the construction of new u-ails and sidewalks with City crews is difficult due to limited equipment and resources. Mr. Brotzler noted there would be cost savings provided by larger construction projects. Cost estimates will be determined for consideration of the cul -de -sacs on Shannon Parkway. This will be considered again at a work session in the fall. b. Final Grade Policy City E.nguneer Brotzler presented a final grade policy that will require that an as -built lot survey be completed and certified by a licensed surveyor and then be submitted to the City by the builders prior to the issuance of a Certificate of Occupancy (CO). Currently City staff conducts final grade inspections for lots prior to the issuance of a CO. City staff has been making 30 to 40 inspections per week. This involves checking lot corners and property lines; however, the interior elevations are not checked. Staff often has to respond to homeowners about spring drainage issues due to poor grading or modifications that have been made since the final grading was completed. Similar requirements are used in the cities of Cottage Grove, Farmington, and Inver Grove Heights. Staff is recommending an escrow fee of $3,000 to ensure compliance. The City Attorney is preparing this policy as an ordinance. The development of this ordinance would place the burden of this work on the builder along with the liability for incorrect grading. Council discussed the escrow amount of $3,000 for the final grade policy. A normal lot survey cost is between $500 and $800. The additional amount was determined so that builders would comply with the requirement rather than walk away from the escrow amount. Council Member Sterner said this may be a hardship for smaller builders. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION JULY 28, 2005 Mayor Droste asked Staff to survey surrounding communities' final grade escrow amounts. Consensus of Council was that the final grade inspection ordinance would be a good idea and help alleviate the Cin.'s Liability on drainage issues. A public hearing will be necessary for passage of the policy ordinance. c. 2006 Budget Discussion City Administrator Verbrugge presented the first draft of the 2006 City budget. The budget detail has been revised to provide services at existing levels while attempting to make progress on the Council's desire to maintain a competitive tax rare. Much of the increase is driven by employee salary and benefit increases. Mr. Verbrugge explained chat the State Legislature did not restore Market Value Homestead Credit (NWHC) for the next two fiscal years. The City has a deficit of approximately $350,000 as a result. The Council authorized a budget adjustment by increasing the Building Perot revenue to cover this lost MVHC credit. Mr. Verbrugge requested consideration of setting the preliminary levy tonight. He reminded Council that the preliminary Ievy cannot be increased; but, can be reduced if deemed necessary. The final levy is nor set until December. The total levy requirement shown is $9,886,220 and a preliminary spread levy (actual impact CO property owners after adjustment for captured tax increment and fiscal disparities) of $8,927,498. The estimated spread levy is an increase of 17.570: o over 2005. The estimated tax base growth in ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION JULY 28, 2005 Rosemount is 18.68% over Final Pay 2005. This results in a 1.7% decrease in the City Tax Rate at 45.251%. Council Member Baxter strongly stated that one of Council's priorities should be to maintain the fund balance at 55 This protects our bond rating and ability to recover from any unexpected expenses. Staff and Council agreed. Mr. Baxter said he was comfortable with the 1.76 decrease. He also stated that he understood it was a blow to the City when the State Legislature did not restore the MVHC amounting to $350,000. Council Member Sterner stated he understood the benefit of lower taxes, but would expect some increases. Mr. Sterner asked if the fund balance at 55° is an absolute minimum. Finance Director May said it would be considered healthy to keep the fund balance between 50 °'o and 60%. Mr. Verbrugge noted that fluctuation is not advisable. Community Development Director Lindquist noted that building unit numbers will not be as high as in the past three years. The Harmony development will have a build -out of about six years or 100 housing units each year. There will be an estimated one -third less housing units than last year's total units. Also, there is a larger percentage that will be attached housing which will produce a lower market value. Mr. Verbrugge explained the operating budget, capital improvement plans, tax base growth, and preliminary tax rate. Finance Director May reported that the formula to determine property taxes is complex. The index numbers are not available from Dakota County until the end of September to accurately determine individual property owner's tax amounts. Property taxes are divided between the city, the county and the school district. Since market values of homes are up 10° to 14"0, homeowners will likely see a rise in overall taxes. Mayor Droste noted that Rosemount ranks second highest for taxes in Dakota County. Rosemount supported a school referendum last year. Rosemount is growing and additional amenities are being considered. He stated that the image of high taxes needs to change. Mr. Verbrugge stated the budget will be addressed again at the August 10 City Council Work Session. He invited Council to meet with him individually if they want more detail. Mr. Verbrugge said he would work on some risk assessments for different levels of the budget. UPDATES Budget Meeting Schedule Mr. Verbrugge discussed further budget meetings following setting the preliminary levy and budget to Dakota County on September 6. He asked City Council to consider the fourth Wednesday or Thursday of the months of October, November, and December as budget discussion meetings. The consensus was the fourth Wednesday of each month would be best. Handicap Accessibility Council Member Sterner had a meeting with a resident who has a disabled daughter who was not able to enter Applebee's unaided. Ms. Lindquist responded that all state codes for handicap 3 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION JULY 28, 2005 accessibility were followed. Some cities have stronger handicap accessibility rules. She was asked to check the regulations regarding handicap accessibility with surrounding cities. Industrial Zoning Council Member Stemer had concerns with housing in close proximity to the Flint Hills refinery. Mr. Sterner asked if there were complaints about water, air, odor, or exposure to any gases released. He stated that oil production by the barrel has increased from 265 barrels per day to 30,001) barrels per day at Flint Hills refinery. Mayor Droste cautioned that citizens need to be educated and then make their own decision about where to live. Mr. Sterner was concerned that low income families max have fewer options. He stated he is looking more at the long -term exposure than a one -time accidental spill. Mr. Sterner sited the example of commercial jobs in the area which allow 8 to 10 hours of exposure a day compared to a young fancily who is home 24 hours a day. Council Member DeBetdgnies suggested contacting the Flint Hills Citizen Group to find data that may give Cite Council a better understanding of any risk outcomes. Mr. DeBetugnies had legal concerns that land values might change with the creation of a safety zone. He would not mind looking further into this issue in the future. Community Development Director Lindquist noted that cities control zoning and rely on state and federal agencies for air and water quality issues. The land use application for the eastern side of Rosemount will be to Metropolitan Council for approval. Staff will not pursue the amendment if the Council directs staff to review. Mayor Droste supported the recommended amendment. Council Member Sterner investigated additional information regarding his concerns. Mr. Sterner noted there is ample information available for research. The majority of Council Members agreed that the Council as a whole did not need to research this further Flint Hills Facility Tour City Administrator Verbrugge announced that Diane Koll from Flint Hills Resources has invited City Council on a facility tour. Council indicated they would like to be contacted individually for appointments. Rename CR38 to McMenomy Road Ixlr. Verbrugge indicated he received a petition to rename County Road 38 to McMenomy Road. Mr. i\lcMenomy presented historic information to Mr. Verbrugge showing that the street was named McMenomy Road it the early 1900's. Staff said the timing of a name change in conjunction with the street being turned over to the City from Dakota County is good. Off -Sale Liquor Ordinance Amendment Mayor Droste reported that he received a letter from Chris Holste about adding another off sale liquor store in Rosemount. He is requesting that the ordinance be amended to allow the population to be estimated by staff rather than Metropolitan Council to allow his off -sale 4 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION JULY 28, 2005 liquor store. Mr. Verbrugge asked City Council how interested they would be to review the liquor ordinance again. City Clerk ientink noted there have been about five inquiries regarding off -sale liquor licenses. Staff was unsure if a 60 -day rule applied to a liquor license amendment. The City Attorney will be consulted. Consensus was to discuss this in October at a work session. Leprechaun Days Parade Council Member DeBeaignies reminded Council about participation in the Leprechaun Days parade on July 30 at 10:30 a.m. National Night Out August 2 Police Chief Kalstabakken announced that Council is invited to participate in visits to block parties held for the National Night Out program on August 2. Motion by Mayor Droste to adjourn the meeting at 9:24 p.m. Second by Sterner. Ayes: Five. Motion carried. The City Council's Agenda Packet is Clerk's File 2005 -30. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 10, 2005 Pursuant to due call and notice thereof a City Council Work Session was held on Wednesday, August 10, 2005 at 6:31 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members Sterner, DeBettignies, and Baxter present. Council Member Shoe Corrigan entered at 6:40 p.m. at the close of the joint powers agreement discussion. Also in attendance were City Administrator Verbrugge, Assistant City Administrator 'Weitzel, Fire Chief Aker, City Clerk Jentink, City Planner Pearson, Assistant City Planner Lindahl and Communications Coordinator Cox. Finance Director May and Police Chief Kalstabakken entered at 7:45 p.m. for the budget discussion. City Administrator requested that the Dakota Communications Center Joint Powers Agreement be addressed first. Mayor Droste agreed. UPDATE a. Dakota Communications Center Joint Powers Agreement City Administrator Verbrugge gave an update to the joint powers agreement that is being established for the purpose of constructing and operating a joint public safety dispatch center. The cities included in the joint powers agreement are Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West Si. Paul, and Dakota County. Discussion was held regarding the authority for all these agencies CO form a joint powers agreement. The Assistant Count' Attorney is drafting the document and is satisfied with the State Auditor's Office approval of the agreement. There will be further review of the document and language changes. Police Chief Kalstabakken and Mr. Verbrugge have attended meetings totaling about twelve hours to this point. Council Afember Sterner commented that it is a well written document. Council will address this at the regular Council meeting on August 16. DISCUSSION a. Commercial Zoning Text Amendment for C -3 HWY Commercial and C -4 General Commercial Assistant Cin Planner Lindahl reviewed the land use changes allowed in C -3 Highway Commercial and C -4 General Commercial zoning. Staff has been working with the Planning Commission to revise and update the C -3 and C -4 zoning districts uses and development performance standards in coordination with the 42/52 Land Use Study. The changes incorporate 1) modernizing the permitted, accessory and conditional use sections; 2 creating specific performance standards for conditional uses; and 3) adding an interim use category. The Planning Commission recommended approval after a public hearing held on Tuh' 26, 2005. Mr. Lindahl stated the standards are to limit the impact of conditional uses on adjacent property. The uses listed would be a permitted use, accessory use, conditional use, or interim use. If a use is not listed, it is not allowed. Automobile related uses were discussed. Council Member Baxter asked why a 30 -foot setback or buffer area is standard in the commercial district. Mr. Lindahl explained that it is to limit effects on adjacent properties and public right-of- way. Mr. Lindahl noted that formulas can be established for a ratio of building size to setbacks or height of wall for fencing also. Often in the process of negotiating conditions this may be implemented. Mr. Lindahl offered to prepare sample of fomnilas for this purpose. City Planner Pearson stated that often a separation is needed between residential and commercial areas. I ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 10, 2005 Council Member Shoe Corrigan requested staff research options for a ratio formula including changes in elevation. City Planner Pearson agreed that elevation can make a difference. Ms. Shoe Corrigan asked to make a provision for educational service, such as night classes or adult training. Mx. Pearson noted the category Professional Service includes educational uses. Council Member Baxter requested staff to create four levels of consideration for screening buildings: 1) the building, 2) the landscaping and berming, 3) a wall, and /or 4) decorative fencing. Mr. Lindahl gave examples of screening of drive- through services that are allowed. Mr. Pearson noted that McDonald's was built in the '80's before any standards were set. Mayor Droste said the new Starbuck's is a good design for a drive through. Mr. Lindahl explained that the space can be limited yet screening, security and sightlines should be considered. Council Member Shoe Corrigan and DeBettignies were in agreement that pedestrian walkways should be made of a different material than asphalt. Mr. DeBettignies requested that a clear separation is delineated for a walkway for safety of the pedestrians. He stated that crosswalks and traffic areas are fine as asphalt. City Planner Pearson said it has only been recently staff has considered inventory for C -3 district zoning along Highway 3 near 160'" Street. This would allow car dealerships. Council Member Baxter requested this item be reviewed again at a future work session. Council Member Siemer agreed that the degree of detail needs further review. Mr. Sterner asked about a building material, EFUS that has been the cause of insurance claims due to mold in homes. Mr. Pearson reported that the material is useful for sign band areas, but would not be allowed on the majority of the exterior of a building. Mr. Verbrugge asked Mr. Pearson and Mr. Lindahl to summarize the requests of City Council in writing and have Council review it for dear direction to staff. b. Renaming of County Road 38 City Administrator Verbrugge presented a request by the McMenomy family to rename County Road (CR) 38 to McMenomy Road. This comes at a good time since CR 38 is being turned back to the City. The road currently goes by three different names: 132 Street, Bonaire Path, and CR 38. Mr. E.B. McMenomy gave staff a map showing that in1922 CR38 had been called McMenomy Road. Council Member Sterner commented that although the McMenomys are well known, there will be residents in favor of the change and some that will not. He stated these issues tend to become political. The Keegan family was the original land owner and Keegan Lake is well known. Mr. Sterner suggested using the name of Keegan Road or Bonaire Road. Council Member Baxter disagreed. He stated that McMenomys have been a part of this community continuously since 1922 and it would be a fine gesture to use their name. Mx. Baxter was not opposed to Keegan Lake Road as an option. He also pointed out that Brockway had been a landmark for years and that Brockway Road may be another option. Council Member Shoe- Corrigan said she could not see the history connected to the McMenomy name and agreed it may be political. Ms. Shoe- Corrigan requested more history about CR 38 such as 2 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 10, 2005 when it was renamed and why. Discussion ensued regarding accepted uses in the commercial districts. Mayor Droste stated that public relations may have to sell any name change to the street. In order to do this, the council should be united in its decision. Mayor Droste said it may be better to have the decision come from staff recommendation. Mr. Verbrugge stated he will continue to work on the street renaming with staff. c. Bond Issue Finance Director May gave an update on the status of the next bond issues. The City plans to have a General Obligation G.O.I Water Revenue issue for the water tower and a G.O. Fire Station Refunding issue for Fire Station No. 1. Based on the prelinvnan projections the refunding has a net present value benefit to the City of approximately $77,000. The bonding schedule will set the sale at the September 6, 2005, City Council meeting and awards the bids on October 4, 2005. Mayor Droste called for a recess at 8:00 p.m. and the meeting was reconvened at 8:05 p.m. Add On: Choose Fire Station No. 2 Color Scheme City Administrator Verbrugge presented samples of brick for color comparison. There was no cost difference between the two suggested combinations. After some discussion, consensus was to select the clear cream colored accent brick and the shaded red brick. Assistant City Administrator Weitzel displayed the selected interior colors for tiles and carpet. Fire Chief Aker thanked City Council for their input. d. 2006 Budget Discussion City Administrator Verbrugge initiated discussion regarding the need to take action to certify its preliminary tax levy for 2006 to Dakota County by September 7. Mr. Verbrugge presented three options. 1) Base the levy on the total budget requests by staff allowing the maxirnum flexibility in terms of total funding sources. This amount could then be lowered when Council refines the budget needs; 2) Set the levy at the same amount as last year; or 31 Set the levy below the amount contained in the recommendations. The proposed budget reflects a 1.70 reductions in the City's tax rate. Discussion ensued. Mayor Droste explained that all communities have lost their homestead tax credit and are struggling. He commented that citizens may not support a bond issue in the future if taxes are high. He stated that the school district may conduct a referendum this fall. Rosemount's tax base is growing and he believes the City needs to hold the taxes to a reasonable level. Ciry operations are up 10° o and population is only going up about 59-y per year. If Council decides to lower the levy amount in December residents will likely recall the higher estimated tax amount received on their tax notices from Dakota County in November. He requested staff incorporate creative methods to reduce operating costs so that the City may reduce the tax levy. Assistant Administrator Weitzel reported that the experience rating for health insurance has improved. In 2003 our experience rating was 110 °'o which means our insurance company paid 10% more than the premiums collected. In 2004 it was reduced to 83.5 °'o and so far this year the City employees are at 435" o. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 10, 2005 Council Member Sterner reasoned that some increase in taxes may be needed to move forward. Mr. Sterner indicated he would prefer a small surplus built into the budget. Council Member Shoe Corrigan inquired about amenities that Rosemount now has and if the City wishes to improve them. Mr. Verbrugge said the capital improvement plan indicates where funds will be spent and he noted that alternatives for use of funds may be considered. Finance Director May stated that if Council accepts the recommended budget taxes would likely remain the same. Council Member Baxter commented that the City's long -term goal is to reduce the tax rate. He indicated that he would not be comfortable with an increase to the current 46.01p b tax rate. If the goal is to lower it, then he does not believe Council should increase it now for wiggle room. Mr. Barter stated he would be more comfortable with a flat rate at this point. Mr. May said the average increase in home values would be 108 to 12% Mayor Droste noted this alone will cause home owners to see an increase in their taxes. Housing stock in the future will not add as much value to the City because of residential development in the tax increment financing district. Mayor Droste noted that the streets are private there and will not require additional maintenance. Mayor Droste reported that Rosemount has the highest average home sale price and this is mostly due to the homes in Evermoor. Since that development is near completion the average home sale price may begin to decline. Council Member Sterner stated he wished to have a Senior Coordinator position added to Parks and Recreation Department staff. Council Member DeBettignies commented that at the corporate level he is doing more with less and he believes this could also be accomplished at the City level. Mayor Droste asked for staff to research efficiencies in computer maintenance and also equipment longevity and maintenance. Mayor Droste recommended a .93% tax rate reduction which would set the tax rite at 45.6013%. Last year's tax rate was 46.041°•o. Council Members Shoe- Corrigan, Baxter and DeBettignies agreed. Mr. Sterner preferred to see a small increase. Mr. Verbrugge confirmed he will prepare the budget figures chat accomplish the .93% tax rate reduction. UPDATES Signage Request for CR38 Mr. Verbrugge reported that the signs now present on CR38 do comply with State Statutes. Police Chief Kalstabakken noted that a speed study may be required to support a change. Mayor Droste reported that cones and a barricade were placed on the curve temporarily. Mayor Droste noted that when improvements are made the surface will likely be bituminous and may be safer than the current gravel surface. Mr. Verbrugge asked if staff is to following the Cite sign policy. Council confirmed that the current sign policy should be followed. Mr. Verbrugge stated he will report back to Council at the August 16 meeting. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 10, 2005 Table Public Hearing for GlenRose Mr. Verbrugge noted that due the absences of two council members on August 16, staff recommends that the scheduled public hearing be tabled to September 6. Mr. Verbrugge commented that the agenda is light on August 16. National League of Cities in December Mr. Verbrugge invited Council to attend the conference in Washington D.C. early in December. I\fayor Droste and Mr. \'erbrugge have registered for the conference. Airport Noise Meeting Mr. Verbrugge brought an article to Council's attention in the Apple Valley Sun Current regarding an airport noise meeting in Apple Valley due to new runways at the Minneapolis -St. Paul International Airport. A meeting with residents will be held on August 23 and August 30 at 6:30 p.m. to receive input. Action Alert Mr. Verbrugge reported that Congress is considering a bill to revise the franchise fee authority that cities have. This would eliminate $120,000 from the City budget. $35,000 of this amount is used for the joint cable commission. He urged Council to contact their government representatives regarding the bill. Metropolitan Council Conference Mr. Verbrugge announced a Regional Policy Initiative Conference #2, The Developing Edge: Managing the Transitions will be held at the University of Minnesota's St. Paul Campus at 7:30 a.m. to noon on September 7, 2005. The New York Times columnist David Brooks will be the keynote speaker. Council is invited to attend Library Dakota County contacted Mr. Verbrugge about details of the operation of the new library. Staff and Council expressed delight that planning for the new library has begun. National Night Out Council Member Shoe- Corrigan requested feedback from staff on the National Night Out program held August 2, 2005 at the next regular City Council meeting. Flint Hills 50 Anniversary Mayor Droste noted the celebration by Flint Hills for 50 years at the Pine Bend Refinery will be held at their North Fire Station on Saturday, August 27, 10 a.m. to 4 p.m. City Brochure Mayor Droste noted that the quality of the new resident brochure is wonderful and he commended staff for a great job. I.S.D. 196 Focus Group Council Member Baxter reported he and Council Member Sterner attended a Independent School District 196 focus group. The presentation was interesting. The levy was discussed 1 Motion by Mayor Droste adjourned the meeting at 9:28 p.m. The City Council's Agenda Packet is Clerk's File 2005 -32. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 10, 2005 which provides $106 per pupil. A referendum is being discussed for the November school board election. Respectfully submitted, Linda Tentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 2005 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Monday, _August 16, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145ch Street West. Mayor Droste called the meeting to order with Council Members Sterner and Shoe Corrigan attending. Staff members present were City Administrator Verbrugge, City Attorney Mary Tietjen, Parks Recreation Director Schultz, Communications Coordinator Cox and City Clerk]entink. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA COUNCIL, STAFF City Administrator Verbrugge presented additional information for two items. A timeline for the Wiklund Preservation Project was presented to accompany Consent Item 6.f. Adopt Resolution to Accept Donation of Land. The bid results and recommendation to award the contract for City Project 395 was presented for Consent Item 6.h. Receive Bids /Award Contract for Glendalough 6th Addition. Motion by Droste. Second by Sterner. MOTION to set the agenda with the additional information for Consent Items 6.f. and 6.h. Ayes: 3. Nays: 0. Motion carried. RESPONSE TO PUBLIC COMMENT Cite Administrator Verbrugge responded to a concern regarding the safety of CR 38 following a fatal car accident. Dakota County made an evaluation of the request and found no cause to change the road or signage at this time. AL the last City Council meeting the Council made the recommendation that CR 38 be turned back to the City for maintenance. The Cite v.-ill now examine the warrants for possible improvements to the conditions or signage on CR 38 and report back to City Council when staff has a recommendation. DEPARTMENT HEADS REPORTS /BUSINESS a. Girl Scouts Gold Award Mayor Droste presented certificates of appreciation to five Girl Scouts from Rosemount High School who have received the highest commendation available the Girl Scout Gold Award. The Girl Scouts selected a project that will till a need within the community. The Girl Scouts then use organizational, leadership, and networking skills to create a solution. The five girls were: Stephanie Erlandson Jill Fagerstrom Lizabeth Mothershead Tegan Rolek Ashley Tooley. Their project provided 79 blankets to the Simpson Shelter in Minneapolis and the Rosemount Community Action Council. Mayor, Council, Staff and the audience applauded their accomplishments. b. Student Volunteer Recognition for Parks and Recreation Commission Parks and Recreation Director Schultz acknowledged a student volunteer, Philip Harris, who served 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 2005 on the Parks and Recreation Commission from October 2003 to August 2005. He was enthusiastic about issues and was always ready to give the perspective of a high school student. Mr. Harris also served on the Facilities Task Force representing youth of Rosemount. Mr. Harris is stepping down to go to the University of Denver. Mayor Droste presented a plaque showing appreciation for Mr. Harris' active effort to serve his community and better shape the future of Rosemount. CONSENT AGENDA Motion by Shoe- Corrigan. Second by Sterner. MOTION to approve the Consent Agenda with additional information for items f. and h. a. Minutes of August 1, 2005 Regular City Council Meeting b. Bills Listing c. Expenditure Approval from the Donations Account for Parks Recreation Department d. Hiring of GIS Coordinator Mike Kasel, start date 8/29/05 e. Receive Bids and Award Contract for Irrigation System at Meadows Park f. Adopt Resolution to Accept Donation of Land, timeline for project added g. 3 Addition Final Plat and Subdivision Development Agreement, CPDC 05 -32 -FP h. Receive Bids /Award Contract Glendalough 6th Addition Street Utility Improvements, City Project 395, S.M. Hentges Sons, Inc. for $961,004 i. Amend Subdivision Agreement Glendalough 5 Addition, City Project 389 j. Change Order #1 2005 Pavement Management Project, City Project #392 k. Set Public Hearing for New Liquor License Application, 9/06/05 Ayes: 3. Nays: 0. Motion carried. PUBLIC HEARING GlenRose of Rosemount Street Utility Improvements, City Project 397 Mayor Droste announced the public hearing for GlenRose of Rosemount Street Utility Improvements, City Project 397. The affidavit of publication and posting were on file with the City Clerk's Office. Mayor Droste noted that this item would be tabled until Sept 6, 2005. Droste opened the Public Hearing for comment. No audience input was received. Motion by Droste. Second by Shoe Corrigan. MOTION to continue the Public Hearing for the GlenRose of Rosemount Street Utility Improvements, City Project 397 to the regular Cite Council meeting on September 6, 2005. Ayes: 3 Nays: 0 Motion carried. City Administrator Verbrugge noted that the residents affected by this project have been noticed of the change of date and this information will be re- noticed in the Rosemount Town Pages. NEW BUSINESS a. Halloween Event Service Agreement Parks and Recreadon Director Schultz presented the service agreement for the Halloween Event scheduled for October 29, 2005. The condition remained very similar to last years agreement. Mr. Schultz noted that 50 to 70 volunteers participate to prepare props and carve pumpkins for the event. The City aids the organization be providing postage and sharing advertising. The Police Department helps with traffic and crowd control. Mr. Schultz recommended approval and noted this group has been very responsible in providing a fun and safe family event. Motion by Shoe- Corrigan. Second by Sterner, to adopt the following: MOTION to approve the 2005 Service Agreement with the Halloween Committee. Ayes: 3 Nays: 0 Motion carried. b. Dakota Communications Center (Joint Dispatch) Joint Powers Agreement City Administrator Verbrugge requested this item be tabled until all City Council Members are present. Mr. Verbrugge gave an update for the benefit of the viewing audience. This joint dispatch is for cities with more than 10,000 population and have both a police and fire department. The City of Rosemount currently purchases the dispatch service from the Ciry of Eagan. This joint dispatch will provide a cost reduction for most cities and streamline efficiencies. The City Council will appoint one council member to the Board of Directors. The City Administrator will serve on the Executive Committee and one representative from each of the police and fire departments will serve on the Operations Committee. Mr. Verbrugge recommended addressing this at the September 6, 2005 meeting when all council members are present. Council Member Stemer asked what cities are under the threshold of the 10,000 population. Mr. Verbrugge said those cities not participating are Sunfish Lake, Vermillion, Empire Township, Coates, Meisville, and a few others. Most of these cities are covered by the Dakota County Sheriff's Department or an adjoining community. Motion by Shoe- Corrigan. Second by Sterner. Motion as follows: Ayes: 3 Nays: 0 Motion carried 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 2005 Motion to table the adoption of a resolution for the Dakota Communications Center Joint Powers Agreement and appointing representatives on September 6, 2005. ANNOUNCEMENTS Mayor Droste announced the regularly scheduled meetings. The special meeting for budget discussion tentatively scheduled for August 25, 2005 is cancelled. City Hall will be closed on September 5 for the Labor Day holiday. Motion by Mayor Droste. Second by Sterner. Mayor Droste moved to adjourn the meeting at 7:53 p.m. as all items were concluded. Ayes: 3 Nays: 0 Motion carried. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -33. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 16, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL MEETING SEPTEMBER 6, 2005 Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, September 6, 2005, at 5:00 p.m. at the Rosemount City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner, and City Administrator Verbrugge attending. The purpose of the meeting was to interview two applicants for a Planning Commissioner position. Commissioner Laurie Humphrey and her family planned to move out of Rosemount on July 8, 2005 which vacated the commissioner position. City Council interviewed Jeanne R. Schwartz, 3426 Cromwell Trail and Karen Douglas, 15624 Danville Avenue for the vacated Planning Commissioner position. Both applicants expressed sincere wishes to assist in the fume planning for Rosemount. Mayor Droste expressed gratitude that Rosemount has many residents that are qualified and willing to donate their time and energy to better the City of Rosemount. Mayor Droste noted the appointment will be made at the regular City Council meeting tonight at 7:30 p.m. The meeting adjourned at 5:30 p.m. The City Council Agenda Packet is Clerk's File 2005 -34. Respectfully submitted, Jamie Verbrugge, City Administrator 1 1 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, September 6, 2005, at 7:30 p.m. in the Council Chambers ac City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies and Shoe Corrigan attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, Parks Recreation Director Schultz, City Engineer Brotzler, Finance Director May, Police Chief Kalstabakken, Con Development Director Lindquist, and City Clerk lentink. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA COUNCIL, STAFF City Administrator Verbrugge presented two items to add to the agenda. First, the Federal Government has requested participation through the Minnesota Homeland Security and Emergency Management for police officers, tire fighters and emergency medical personnel to provide aid in states impacted by Hurricane Katrina. Second, the City Council intenaewed applicants for the open Planning Commissioner position and will recommend an appointment. Additionally, Mr. Verbrugge reported that Item 5.a. Public Safety Day Proclamation is removed from the agenda due to cancellation of the event. MOTION by Droste. Second by DeBettignies. Motion to set the agenda with the elimination of 5.a. Public Safety Day Proclamadon and the additions of Item 3.b. Intergovernmental Agreement Response to Hurricane Katrina and Item 10.b. Commissioner Appointment. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Jean Grover, 14371 Cormorant Way, stated she represented her neighborhood with concerns regarding a neighboring property that is used as a group home for brain injured adults. Her concerns were for added traffic and parking and neighborhood safety. Ms. Grover stated this has altered their feeling of safety. Ms. Grover explained that they built their home thirteen years ago in an area with protective covenants. She stated the surrounding property owners continued to improve their homes and yards and their children played safely on their circle street. The group home has caused increased traffic due to ten full time employees. The protective covenant registered with the deed clearly prohibits any business in the residential neighborhood. She questioned how this group home came about with no notice or change to their covenants. She stated their quality of life is now changing and they are concerned their property value will decrease. Gary Leean, 14361 Cormorant Way, reported that he downloaded information from the Rosemount web page that showed a business would not be allowed in a residential district. Mr. Leean found the group home is listed as a for profit business in the phone directory. Mr. Leean inquired how this use could be allowed. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 Community Development Director Lindquist explained that Minnesota State Statutes defines a group home with a licensed capacity of sue or fewer persons and as a pemutted single -family residential use of property for purposes of zoning or other land use regulations. Ms. Lindquist noted that it is not considered a business and the legislature's intent was to allow the group home without conflict to local zoning standards. Citv Attorney LeFevere indicated the legislature made law changes about 15 years ago regarding group homes. Before that time this kind of use would not be permitted. Mr. LeFevere noted this is a somewhat different land use. However, once the law was changed, the zoning authority of the city was removed and the legislature intended this to be a higher public use. Ms. Grover inquired about the legal stipulations for the covenant recorded at the County. Mr. LeFevere said the authority of the city does not survive after the legislature makes such a change. Mr. LeFevere noted he would have to review a copy of the covenant to comment directly about it. Lori Manley, 14375 Cormorant Way, pointed out that her children are also vulnerable and she wished to protect them. Ms. Manley reported that these adults have had brain trauma and have a higher percentage of aggressive behavior. She stated some of these vulnerable adults have been found up to two blocks away from the property. Ms. Manley agreed chat she also does not feel safe in her home. Council Member Shoe Corrigan requested staff determine for the residents how private covenants interface with city codes, and also asked staff make suggestions on how residents can pursue this issue and who would be the proper authority to contact. Ms. Shoe- Corrigan noted that the City Council's role is limited and the residents efforts would be more effective directed to the right agency. Ms. Shoe- Corrigan and Council empathized with the residents. City Attorney LeFevere stated there may be some operational questions regarding the group home. He directed the residents to contact the licensing authority and perhaps law enforcement if a nuisance is occurring. City Administrator Verbrugge explained chat staff will coordinate a response and have City Attorney LeFevere and Director Lindquist review it. The response will be drafted in the next two weeks and presented at the next City Council meeting. DEPARTMENT HEADS REPORTS /BUSINESS Intergovernmental Agreement Response to Hurricane Katrina Police Chief Kalstabakken reported that the Public Safety Day was cancelled or postponed until sprung due to the need of emergency equipment for the hurricane relief effort. Chief Kalstabakken presented a resolution assigning signature authorization to Mayor Droste for Intergovernmental Agreements with the Minnesota Homeland Security and Emergency Management (HSEMM) providing interstate mutual aid. The devastadon caused by Hurricane Katrina in the states of Alabama, Mississippi and Louisiana has resulted in requests for resources and personnel from local governments. The agreement presented clarifies who is authorized, cost responsibilides and reimbursement procedures, liability, compensation and other matters. City Attorney LeFevere has reviewed and approved the agreement content. Chief Kalstabakken noted the resolution allows requests to be tilled in a timely manner. 2 1 Motion by DeBetdgnies. Second by Sterner. MOTION to authorize Mayor Droste to sign an Intergovernmental Agreement, upon the recommendation of Ctrs Administrator \'erbrugge, to provide City of Rosemount staff to assist the gulf stares disaster areas as requested through the Minnesota Homeland Security and Emergency Management Emergency Management Assistance Compact. Dedication of staff resources and equipment shall be done in a manner to provide assistance while always maintaining adequate coverage for the City's regular and potential emergency needs. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by DeBetdgnies. MOTION to approve the Consent Agenda. a. Minutes of August 16, 2005 Regular City Council Meeting b. Minutes of August 10, 2005 Work Session c. Minutes of July 28, 2005 Special Work Session d. Bills Listing e. Receive Donation for Parks and Recreation Department f. 2005C G.O. Water Revenue Bonds Issue Authorizing Issuance and Setting Bond Sale g. 2005D G.O. Fire Station Refunding Bonds Issue Authorizing Issuance and Setting Bond Sale h. Declaration of Surplus Property i. CASE 05- 39 -PUD Walleye's PUD Minor Amendment (Rosemount Market Square) j. Receive Specifications/ Authorize Ad for Bid for Fire Tanker Vehicle for Fire Department k. Change Order #1 Connemara Trail Overpass, City Project #379 1. Expenditure From Park Improvement Fund Underpass Fencing Expenditure Approval from the Donation Account Parks Recreation Department n. 2006 -2010 Dakota County C.I.P. 0. Minnesota _Army National Guard Facilities 05 -34 -SP Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 PUBLIC HEARING: On -Sale Liquor License Application by Carl Morgan, LLC for Walleye's Bar Grill and Fox's Pizza, 3400 150 Street West, Suite B Mayor Droste announced the public hearing for the on -sale liquor license application by Carl Morgan, LLC. The affidavit of publication and posting of notice were on tile with the City Clerk's Office. City Clerk Jentink reviewed the on -sale liquor license application. The owners and managers are Robert and Kathleen Johnson who currently operate Fox's Pizza Den at 15092 Claret Avenue. They intend to combine the pizza franchise with a full- service restaurant at the new location at 3400 150t Street West, Suite B. This location is in Rosemount Market Square where Knowlan's Supermarket leased space and is visible from County Road 42. City Planner Pearson conducted a review of the land use change from retail business to restaurant use. Staff recommended a Planned Unit Development minor amendment to allow the use change. Staff noted in the summary that if Rosemount Market Square wanted to expand in the future then a major amendment would be necessary. Ms. Jentink pointed out that the legislature lifted any license limits for liquor establishments that are also restaurants. Police staff conducted a full investigation on the applicant and manager, Robert Johnson and his wife, Kathleen Johnson. No criminal record was found or reason for denial. Staff recommended approval of the on -sale liquor License. Council Member Sterner inquired about smoking restrictions in the restaurant. Mr. Johnson responded that smoking will be allowed in the bar area and there are three exhaust units above the bar that would create a negative pressure. Mr. Johnson stated that smoke would not be an issue. Mayor Droste opened the public hearing for Walleye's Grill. No audience input was received. Motion by DeBettignies. Second by Sterner. MOTION to close the public hearing for the On -Sale Liquor License Application by Carl Morgan, LLC for \Valleye's Bar Grill and Fox's Pizza, 3400 150th Street West, Suite B. Ayes: 5. Nays: 0. Motion carried. Motion by Sterner. Second by Shoe- Corrigan. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 MOTION to approve the on -sale liquor license to Carl Morgan, LLC for W'alleye's Bar Grill and Fox's Pizza at 3400 150th Street \Vest, Suite B, having the license term begin upon receiving their Certificate of Occupancy to December 31, 2005; and contingent on the approval of the PUD Minor Amendment for Rosemount Market Square presented on the Consent _Agenda this evening. Mayor Droste and Council Members welcomed the new restaurant to the business community and wished them well. PUBLIC HEARING: GlenRose of Rosemount Addition Street Utility Improvements, City Project 397 Mayor Droste announced the continuation of the public hearing for GlenRose of Rosemount Addition Street Utility Improvements, City Project 397 from the August 16, 2005 City Council 4 1 The property owner's estimated assessments are as follows: Property Owner Sewer Water Total Peters $3,700 $6,030 $9,730 Semlack $6,030 $6,030 Lucking $6,030 $6,030 Gransey $6,030 $6,030 Franz, 2 blgs $7,400 $12,060 $19,460 TOTAL $53,310 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 meeting. The affidavit of publication and posting of notice were on file with the City Clerk's Office. The affected residents were notified of the continuation. City Engineer Brotzler noted this public hearing is primarily for the purpose of receiving comment from those residents affected outside the development area. The existing watermain is on the west side of Highway' 3 and it will be connected under Highway 3 to the GlenRose of Rosemount Addition. Five properties north of the development are expected to obtain water. Sewer services have already been extended to three of the five properties. Gravity sewer service to two properties will require a lift station. An alternate alignment was exam ned but would have been more costly. The cost estimate is as follows: GlenRose Addition $1,270,100 Lateral Water Hwy 3 66,200 Hsv 3 Water Main 94,600 Easement Costs 57,900 TOTAL $1,488,800 City Engineer Brotzler explained that there would be an assessment hearing after the project is complete in the fall of 2006. Council Member Shoe- Corrigan confirmed with Mr. Brotzler chat the affected property owners would be contacted soon for projected costs and easement procurement. Mayor Droste opened the public hearing for audience comment. No comments were received. Motion by Droste. Second by DeBettignies. MOTION to close the public hearing for GlenRose of Rosemount Addition Street Utility Improvements, City Project 397. Ayes: 5. Nays: 0. Motion carried. Motion by Baxter. Second by Shoe Corrigan. MOTION to adopt a Resolution Ordering the Project for the GlenRose of Rosemount Street and Utility Improvements, City Project 397. Ayes: 5. 1 1 Nays: 0. Motion carried. Ayes: 5 Nays: 0 Motion carried. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 OLD BUSINESS a. Dakota Communications Center (Joint Dispatch) Joint Powers Agreement City Administrator Verbrugge requested City Council consider the joint powers agreement and appointment of representatives for the operations of the central dispatch. Mr. Verbrugge described this as providing a single point of answering service for Dakota County emergency management. The operations and governance of this dispatch center includes representatives from participating entities with one elected official and an alternate on the Board of Directors, the chief administrative official on the Executive Committee, and each law enforcement agency and fire agency with a representative on the Operations Committee. Mr. Verbrugge would serve on the Executive Committee that will consider the hiring of a director of the facility, set by -laws, consider staffing issues and over see the physical construction. Mayor Droste has expressed interest to serve on the Board of Directors. Motion by Sterner. Second by DeBettignies, to adopt the following: MOTION to adopt the resolution approving the Dakota Communications Center Joint Powers Agreement and appointing Mayor William H. Droste as representative and Council Member Kimberly Shoe Corrigan as alternate on the Board of Directors for the Dakota Communications Center group. NEW BUSINESS a. Resolution Setting 2005 Preliminary Levy and Budget Hearing Dates City Administrator Verbrugge explained the process for setting the prelinunan levy and budget for 2006 for the City of Rosemount. The preliminary, levy marks a reduction in the tax rate of .93% for the city portion of property taxes. This is the fourth year a city tax rate reduction has occurred. Council and staff have reviewed the details of the budget and levy at several work sessions and three more work sessions are scheduled before the final budget is set in December. A Truth -In- Taxation public hearing will be held December 5, 2005, at 6:30 p.m., for residents to comment on the budget or levy. The public hearing may be continued to December 12 at 6:30 p.m. if all residents present at the December 5± meeting are not heard. Motion by Shoe Corrigan. Second by DeBettignies. MOTION to adopt a Resolution setting the Preliminary 2006 General Fund Operating Budget, the Preliminary 2006 C.I.P. Budgets, the Preliminary 2006 Insurance Budget, the Preliminary 2006 Port Authority Operating Levy and the Preliminary 2005 Levy and Budget Hearing dates required by the City of Rosemount. b. Planning Commissioner Appointment City Administrator Verbrugge reported chat Council met at 5:00 p.m. today to interview two applicants for a Planning Commissioner position that resulted from a resignation. Council was prepared to make an appointment. Motion by DeBettignies. Second by Droste. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 6, 2005 MOTION to appoint to the Planning Commission Jeanne R. Schwartz to fill the open commissioner term to march 31, 2006. Ayes: 5. Nays: 0. Motion carried. ANNOUNCEMENTS City Administrator Verbrugge displayed a plaque bestowed upon Mayor Droste at a Dakota County Mayors /Managers meeting. Dakota County received an award from the National Association of Counties in July for the success they have had with innovative high perfomiance partnerships with multiple agencies to streamline efficiencies and improve delivery of services. Dakota County wished to celebrate Rosemount's participation by presenting the Mayor with this plaque Mr. Verbrugge and Council were gratified to receive this recognition. Mayor Droste reviewed future regularly scheduled meetings. Ms. Lindquist reminded Council and staff of a Metropolitan Council Interceptor /Lift Station /Outfall Informational meeting on September 21, at 6:30 p.m. in the Council Chambers. Notices will be going to residents in eastern Rosemount. Mayor Droste moved to adjourn the meeting at 8:38 p.m. Second by Stemer. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -35. 7 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL MEETING SEPTEMBER 6, 2005 Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, September 6, 2005, at 5:00 p.m. at the Rosemount City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner, and City Administrator Verbrugge attending. The purpose of the meeting was to interview two applicants for a Planning Commissioner position. Commissioner Laurie Humphrey and her family planned to move out of Rosemount on July 8, 2005 which vacated the commissioner position. City Council interviewed Jeanne R. Schwartz, 3426 Cromwell Trail and Karen Douglas, 15624 Danville Avenue for the vacated Planning Commissioner position. Both applicants expressed sincere wishes to assist in the future planning for Rosemount. Mayor Droste expressed gratitude that Rosemount has many residents that are qualified and willing to donate their time and energy to better the City of Rosemount. Mayor Droste noted the appointment will be made at the regular City Council meeting tonight at 7:30 p.m. The meeting adjourned at 5:30 p.m. The City Council Agenda Packet is Clerk's File 2005 -34. Respectfully submitted, Jamie Verbrugge, City Administrator ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 14, 2005 Pursuant to due call and notice thereof a City Council Work Session was held on \Wednesday, September 14, 2005 ac 6:31 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Shoe Corrigan, and Sterner present. Also in attendance were Assistant City Administrator Weitzel, City Clerk Jentink, City Engineer Brotzler, Parks and Recreation Director Schultz. _-Assistant City Planner Lindahl, City Planner Pearson, Communication Coordinator Cox, and Community Development Director Lindquist. DISCUSSION a. 132 Court Sewer Water Service City Engineer Brotzler presented a petition dated August 24, 2005, from seven property owners on 132 Court, requesting improvements for street, sanitary sewer, and water. The City had also received a pedtion dated August 17, 2005, from five property owners on 132 Court, against improvements presented at an unfomnadonal meeting held on August 17 for City Project 394, Phase II of CR 38 Improvements. \fr. Brotzler showed Council a map designating property owners, residents with non compliant sewer systems, and holding tanks or alternate sewer systems. Staff requested Council direction on how to proceed with the project plans and specifications for County Road 38 Phase TI Improvements scheduled for the summer of 2006. D1r. Brotzler stated that it would be unusual to have 100 o of the property owners in agreement on any city project. Mr. Brotzler clarified that for petition voting requirements; if less than 35% of the property owners request improvements, a 4 of 5 votes by Council is necessary. If more than 35% of the property owners have requested improvements than a 3 to 2 vote by Council could approve the project. Council requested clarification on cost, when residents are required to hook up, what happens if a resident's sewer system fails, and the risk of Keegan Lake contamination. Mayor Droste invited audience input. Layman Sundae, 2635 and 2637 132 Court, was against the improvements. Mr. Sundae asked for clarification on which properties would be included with the CR 38 Improvements. Mr. Brotzler explained that the Assessment Policy states that properties having driveway access on the street being improved would be assessed. Mr. Brotzler noted that properties at 2693 and 2694 face CR 38 but have driveways on 132 Court. Mary Ahrens, 2665 132 Court, explained they had installed a new well for $5000 and they were not interested in paying again for a utility they already have. Ms. Ahrens indicated they would like to have their home hook -up come from a different direcdon than proposed. Ms. Ahrens also stated that the assessment is a hardship for seniors. Forrest Krogh, 2685 132 Court, was for the project. Mr. Krogh reported that 2675 132° Court has a failed septic system that has to be pumped every three months at an expense of $142. Fern Krogh, 2685 132 Court, noted she would agree to the project if she can keep her well water for drinking water. Ms. Krogh believes that city water is not healthy. Mayor Droste noted the City draws its water from the Jordan aquifer. Council Member Shoe Corrigan pointed out how much more expensive it would be for residents to add utility improvements when it is not related to a larger city project. Ms. Shoe- Corrigan 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 14, 2005 acknowledged the assessment may be a hardship for some residents. She reported that Dakota County does have a program CO help seniors with this type of expense. Council Member Baxter stated that it is logical to make these improvements in conjunction with the improvements to the CR 38 project. Mr. Baxter stated that five or ten years in the future each property owner and Rosemount taxpayers would have to pay substantially more for this utility work. Mayor Droste directed staff to move forward with the feasibility report and to look at modifying the code to allow a ten -year deferment for hooking up to the utility stubbed to the property line. Council Member Sterner requested staff to find out about the county program for seniors and provide telephone numbers to residents. Mr. Brotzler stated the fomnal feasibility report should be prepared for Council review at the October 4, 2005 regular City Council meeting. Mr. Krogh suggested contacting residents on 132n Court to confirm if 35% of the residents are in favor of the improvements. Mr. Brotzler stated he would have the City Attorney review the information to determine the voting requirements. b. Pedestrian Facility Improvement Plan City Engineer Brotzler summarized Council direction, from a July 28 Special Work Session, regarding priorit the maintenance and addition of pedestrian trails. Three additional shorter trails were proposed: Dearborn Path to 141" Court $16,000 Dander Court to Connemara Trail $12,000 Daffodil Path to 133` Court $18,000 Mr. Brotzler noted that park improvements funds could possibly be used for these segments or the priority list for the Pedestrian Facility Improvement Plan could be modified. Council discussed the dual trail systems on collector streets having concrete side walks on one side and bituminous trails on the other side. Mayor Droste reported that pedestrians prefer bituminous because it is kinder to their body joints. Council Member Baxter questioned the need for this pedestrian program when budgets are so limited. Mr. Baxter believes that safety issues need to be addressed first and to the extent we can, improve those trails. Mayor Droste stated that between the years 1980 and 1990 trails were not required when development occurred. Mr. Droste would like to see those neighborhoods connected to local parks and other trails throughout the Cit•. Parks and Recreation Director Schultz confirmed that developers contribute to Park Dedication which is designed to improve or add to the park system. Mr. Schultz was comfortable using the funds for trail additions. Mr. Schultz described Connectivinv Grants which the Cin: could make application. Mr. Brotzler summarized that Council consensus was to add the three segments to the 2006 trail improvement. The trail priority list will be modified. C. Mayor Droste delayed the presentation of Item 2.c. Commercial Zoning Text Amendments C3 and C4 until City staff was present. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 14, 2005 d. Proposed Gas and Electric Franchise Ordinance for Xcel Energy City Engineer Brotzler explained concerns in the Cirv's franchise ordinance for franchise service areas that are not defined and providing for implementing franchise fees in the future. Council Member Barter believed the City should be producing the franchise agreement, not the utility company, in order to include the mentioned regulations. Mayor Droste pointed out that in years past there was only one gas company and one cable company so there was no competition for the same service areas. Council advised staff chat Xcel Energy should be notitied their proposed franchise agreement would not be accepted. Council had approved a regulation on May 17, 2005 that requires utility companies to have in effect a current franchise agreement with the City. This stipulation requires Xcel Energy to negotiate franchise language with the City at the time of renewal. e. Pine Bend Cemetery Parks and Recreation Director Schultz reported that Bernice Wenzel of the Pine Bend Cemetery Association recently inquired if the City would be interested in taking over the maintenance, operations and ownership of the Pine Bend Cemetery. Mr. Schultz explained that the Association has funds available co be used in the maintenance and up keep of the property. The cemetery does not have an affiliation with a church nor has Ms. Wenzel communicated with area churches. Council Member Sterner was in favor of preserving this history and noted that the City of Apple Valley acquired Lebanon Cemetery in a similar manner. hlr. Schultz reported that Apple Valley held a referendum and spent $700,000 on improvements to Lebanon Cemetery. Mayor Droste stated Pine Bend Cemetery is isolated; no land could be acquired around it. Mr. Droste advised that this may be the site where the first settlers to Rosemount are buried since some headstones are dated 1870. Mr. Droste suggested that perhaps the Friends of the Mississippi River or a local church that currendy does not have a cemetery may be interested in obtaining it. Mr. Schultz was directed to pursue other organizations before the City considers management of the cemetery. Mayor Droste called for a short break at 8:05 p.m. The meeting was reconvened at 8:13 p.m. c. Commercial Zoning Text Amendments, C -3 Highway Commercial, C -4 General Commercial Case 05 -25 -TA Assistant City Planner Lindahl recapped the modifications to the commercial district uses and development performance standards. This issue had been discussed at the August 9 work session. Mr. Lindahl presented seven proposed changes which Council examined and gave direction to staff. 1. Restore "Education Services" as a permitted use in the C -4 District bur limit this use to professional/for-profit entities. 2. Amend references to the definitions of contiguous and adjacent as it relates to neighboring properties by using "abuts or a common lot line. 3. Screening hierarchy: 1) building, 2) landscaping and berming, 3) option of wall, or 4) fencing 4. Define decorative fence: Council discussed adding vinyl to the undesirable material list. A fence made of high quality, long lasting and ornamental materials including finished aluminum, wrought iron, brick and the like but not including wood, vinyl, unfinished metal, chain link, wire or barbed wire. 5. Proportional setbacks or buffer yards for commercial properties adjacent to residential uses especially adjacent to big box development. Community Development Director Lindquist said a formula will be determined for Council's review. 3 1 1 6. Exterior Insulation and Finish Systems (EIFS). Mr. Lindahl spoke with the City Building Official who reported that the material is acceptable and that in years past there was a problem with the installation of the material. Staff is comfortable with using EIFS for ornamental and signage /or sign band and accenting of building. 7. Form standards for pedestrian walkways. Clear and well- lighted walkways shall extend throughout the site and parking area connecting building entrances to adjacent public sidewalks and any parking facilities located on the site. Said walkyvay(s) shall be made of high quality, long lasting, and decorative materials and incorporate architectural themes present in the surrounding building. Bituminous or asphalt material are prohibited. Mr. Lindahl pointed out the Planning Commission's goal to establish consistent and high- quality development standards. He reviewed changes to the 360- degree architecture, 504 -c. block face, and EIFS or masonry stucco for sign band areas and accents of more than 10% of the non -brick or stone portion of a building. Council consensus approved of the changes. UPDATES a. Renaming of County Road 38 Assistant Gin,- Administrator Weitzel reviewed the request by the McMenomy family to rename County Road 38 (CR 38) to McMenomy Road. Dakota County recently turned CR 38 back to the City of Rosemount for maintenance, so it seems to be an appropriate time to consider renaming the road. Ms. Weitzel reported that local historian Maureen Geraghty Bouchard indicated that a large area of land was owned by Edward McMenomy on CR 38, as shown on a map dated 1916. Ms. Weitzel stated the road was referenced as McMenomy Road in a 1922 census. The home on the McMenomy and is in the process of being relocated to Heritage Village at the Dakota County Fair grounds. Ms. Lindquist noted a road name change would be inconvenient and an additional expense for residents to update financial and personal information. Mayor Droste encouraged residents input on the name change and suggested that additional names be added for feedback. Dakota County street naming policy indicated it would prefer east -west roads remain as numbers. Ms. Weitzel confirmed that we currently have streets that do not match Dakota Counte's current practices. The section of CR 38 east of Highway 3 currently has three names; 132n Street, Bonaire Avenue, and CR 38. Mr. Baxter noted it would be best to have this street have one name rather than three. Council consensus was to hold a public meeting and take street name suggestions from the public. Fire Station No. 2 /City Hall Remodel Update .Assistant Administrator Weitzel gave an update from a meeting with AMCON to prepare for a pre bid meeting on Thursday, September 15 for Fire Station No.2. The bids will be accepted on September 29, ground breaking should be in November. A meeting for the city hall remodeling was held for a conference room reconfiguration, bathrooms and police locker room upgrades. The remodeling project should begin in November. Downtown Redevelopment/Park Dedication Fee Council Member Sterner requested that staff keep flexibility in mind with the downtown redevelopment project and to maintain fluid communications with the business owners and residents affected. Mr. Sterner was concerned that the developer CPDC has not paid their Park Dedication fees according to the minutes of the August 22, 2005 Parks and Recreation Commission. Staff will research the park dedication fees. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 14, 2005 1 Hurricane Relief Collection Box Mayor Droste reminded all those attending a collection box for Hurricane Katrina relief is in the City Hall lobby. He thanked staff for encouraging the community to participate in this charity. Motion by Mayor Droste adjourned the meeting at 9:03 p.m. The City Council's Agenda Packet is Clerk's File 2005 -36. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION SEPTEMBER 14, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 2005 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, September 20, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies and Shoe- Corrigan attending. Staff members present were City Administrator Verbrugge Assistant City Administrator Weitzel, City Attorney LeFevere, Community Development Director Lindquist, and City Clerk Jentink. The Pledge of Allegiance was said. Mayor Droste moved to adopt the agenda as presented. Second by DeBettignies. Ayes: 5. The agenda was adopted. RESPONSE TO PUBLIC COMMENT City Administrator Verbrugge and City Attorney LeFevere responded to residents who were concerned with a group home in their neighborhood. Mr. Verbrugge noted that the Minnesota Legislature changed the law so people with disabilities could have the benefits of nomal residential surroundings and in -home opportunities. The state law super cedes the City's authority to limit land uses in this instance. City Attorney LeFevere reported that in 1975 Minnesota Statutes, Section 462.357, Subdivision 7 determined that a group home should be considered a permitted single -family residential use of property for the put-poses of zoning. This usurps the authority of cities to prohibit group homes from single-family residential districts. Mr. LeFevere further determined that the protective covenants obtained by the residents are not enforceable by the City. The covenant is enforceable by the owners of properties and the City would not take the side of either landowner against the other. Mr. LeFevere suggested that if there are concerns with operational issues with the group home it could be addressed to the licensing authority, Mike Seiwert, Supervisor of Adult Foster Care Licensing, 1 Mendota Road West, Suite 300, Mendota Heights, MN 55118, 651-554 -6033. Ms. Manley, Mr. Leean, and Mr. Seiwert were provided copies of the attorney's letter. Council requested copies of any related correspondence to or from residents. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. MOTION to approve the Consent Agenda. a. Minutes of September 6, 2005 Regular City Council Meeting b. Bills Listing c. Receive Donation for Parks Recreation Department d. D.A.R.E. and School Liaison Services Agreement e. Declare Cost for Assessment /Set Public Hearing, 2005 Pavement Management Project, City Project 392 f. Rosemount Self Storage Planned Unit Development 05- 33 -PUD g. Driveway Setbacks from Corner Lots Text Amendment 05 -37 -TA h. Resolution _Authorizing Execution of a Grant Agreement, Dakota Impaired Driving Ayes: 5. Nays: 0. Motion carried. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 2005 OLD BUSINESS a. Minor Amendment Rudy's Redeye Grill (Rosemount Crossing) PUD Minor Amendment Community Development Director Lindquist presented a minor Planned Unit Development (PUD) amendment for the restaurant Rudy's Redeye Grill to amend the exterior materials and color. The restaurant is located in the Rosemount Crossing development on the northwest corner of County Road 42 and South Robert Trail. David Archankle, Truman Howell Architects Associates, Inc., explained that the cost was not a factor in selecting the exterior material. The exterior expense remained the same whether it was the approved stucco and EFIS or the proposed hardy plank siding. The goal was co have a more crafted and historical presence with 3 itch hardy plank. The hardy plank is manufactured out of a cement product which is usually 6 to 8 inches wide. Council Member Baxter and Sterner disagreed that the proposed changes fit the development or improve the appearance. Mr. Baxter pointed out that the contractor, not the owners of the restaurant, is unable to get insurance due to the stucco and EFIS material. Mr. Baxter added that perhaps the Planning Commission should have considered this amendment. Ms. Lindquist noted the applicant indicated this would delay the start of the project. Council Member Shoe Corrigan noted that Council had modified the PUD process to address this type of change in a timelier manner. Council Member DeBettignies noted that insurability was the reason the architect recommended the material change from stucco to hardy plank. Mr. DeBettignies pointed out the restaurant is close to a residential area and the overlap hardy plank will blend nicely. Mr. DeBettignies noted that he did not believe this type of PUD amendment needed to be reviewed by the Planning Commission. Mayor Droste explored the length of time it would take to have the Planning Commission review the PUD amendment. Ms. Lindquist said staff could present it at the September 27 meeting for return to Council on October 4, although this is not the typical schedule for processing applications. Council Member Shoe Corrigan stated she preferred the new green color and believed the exterior material was a reasonable change for an insurable product. hfs. Shoe Corrigan noted that the three- inch width of the hardy plank is more authentic in producing a southern theme that is unique to Rosemount. She stated that the issue for consideration is if the hardy plank is a suitable replacement and if the intent of the PUD fulfilled. Ms. Shoe Corrigan would favor the PUD amendment. Todd Johnson, Steiner Development, commented that the City requested a unique, local flavor for the independent restaurant and he believed this design brings that to Rosemount. Mr. Johnson stated that winter construction is more expensive so timing is important. Mr. Johnson mentioned that Rudy's was intended to be in Phase I of the development and he would prefer to see it proceed as scheduled. Motion by DeBettignies. Second by Shoe Corrigan, to adopt the following. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 20, 2005 MOTION to authorize the execution of the PLJD Amendment agreement with the revised elevations and site plan for Rudy's Redeye Grill. Community Development Director Lindquist requested clarification. Did Council intend to include the arbor and maintenance of the exterior of the building? A friendly amendment to the motion was made to clarify conditions. Friendly amendment by DeBettignies: to include the conditions as follows: 1. The applicant shall include the landscaping, including planting arbors, as indicated on the elevation plans dated 8/16 /05. 2. The applicant must maintain the exterior materials and conduct routine maintenance such as parting the hardy plank material. Second by Shoe- Corrigan. Ayes: 3. DeBettignies, Shoe Corrigan, Droste. Nays: 2. Sterner, Baxter. Motion carried. Mayor Droste welcomed Rudy_ 's Redeye Grill and wished them well with the construction of the restaurant. ANNOUNCEMENTS Mr. \'erbrugge noted an informational meeting on September 22, 2005 for the road improvements to old County Road 38. That will be held in the Council Chambers at 6:30. Mayor Droste reviewed future regularly scheduled meetings. He reminded Council and staff of a Metropolitan Council Interceptor /Lift Stadon/Outfall Informational meeting on September 21, at 6:30 p.m. in the Council Chambers. The Parks and Recreation Commission will have a joint meeting with the Famungton Parks and Recreation Commission on September 28, at 6:00 p.m. It will be held at Tamarack Park in Famiington. Mayor Droste advised that the Fire Station on Shannon Parkway will have an open house on October 16 from noon to 3:00 p.m. Mayor Droste moved to adjourn the meeting at 8:06 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -37. 3 Respectfully submitted, Linda Jentrk, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION SEPTEMBER 28, 2005 Pursuant to due call and notice thereof a City Council Special Work Session was held on Wednesday, September 28, 2005 at 6:33 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Shoe Corrigan, and Sterner present. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Clerk lentink, City Engineer Brotzler, Operations Superintendent Cook, and Finance Director May. DISCUSSION 2006 City Budget City Administrator Verbrugge presented the proposed city budget for 2006. Mr. Verbrugge explained the meeting will consider the long -term goals (the Key Financial Strategies -KFS) and then a detailed review of each city department including budgets for the City Council, Administration, Public Works, and Engineering. Budgets for Police, Fire, Finance, Community Development, and Parks and Recreation will be considered at the work session on October 26. Mr. Verbrugge pointed out that the tax rate has been declining for four straight years. The combination of market value increasing and new growth has contributed to that. The state legislature placed a limit on the city levy amount which also influenced the decline. Mr. Verbrugge noted the Market Value Horne Credit revenue from the state was reduced by $350,000 and operational expenses have increased p 3 ?-0. Staff believes the assessed home value is catching up to the true sale 8 value showing about an increase. Fuel costs are predicted to increase this year. Mr. Verbrugge stated it is up to the Council to decide how to influence Rosemount's tax race. The residents' survey showed soft support for any tax increases to support city spending. Mayor Droste noted that last year there was an excess fund balance of $590,000. Mr. Droste indicated a yearly review of last year's strategy for the tax rate would be helpful. Mr. Droste stated Rosemount has higher taxes than surrounding cities and he would like to see that change. The City increase is significant and Mr. Droste noted that we are growing the government faster than the population. Ms. Shoe Corrigan inquired what is a reasonable tax rate. Mr. Droste stated the City has not been able to offer amenides to residents even with the higher tax race. 2 Lr. Droste commented he is okay with the presented projections, but Rosemount will likely be the highest tax rate city in Dakota County. Mr. Droste believed 36' 0 to 44% range would be a reasonable goal in 2 to 5 years, noting you can't ger there overnight. Rosemount's tax rate is going down 1.39'0. Mr. Droste believed that many home values will be increasing by double digits. Mr. Droste indicated he still wants to cut operation expenses, look at efficiencies, use realistic revenue numbers, and push toward the set goal. Council Member Shoe Corrigan encouraged staff to rein in some line items and question if we really need to add staff. Ms. Shoe- Corrigan noted that residents are looking at a hard year with a school levy, Northwest Airlines employee decline, and school class size increasing by six children. She inquired if the City needs to buy new trucks, or can the City make due. Residents are asking for amenities like the library and a new athletic complex. Mr. Verbrugge responded that these are the items for discussion he would expects tonight and at next month's budget meeting. Baxter inquired about the amount of increase and Mr. Verbrugge explained the combined amounts of $350,000 MVHC loss, $550,000 new debt, and $400,000 operations growth totals $1.35 million. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION SEPTEMBER 28, 2005 Mayor Droste inquired how efficiency with public works shifts might lengthen the time for city services. Operations Superintendent Cook replied he didn't have enough staff to cover split shifts. Mr. Cook stated public works employees have combined their breaks and lunch to economize time that was spent going back and forth to the shop. Mr. Droste stated some cities, Burnsville and Chanhassen, contract for snow plowing. Mr. Verbrugge noted that Chris \Vacson, management analyst and Mr. Cook are working with performance and best practices by tracking tasks. Mr. Verbrugge believed once a good trend line is established, perhaps then it would be beneficial to cost out jobs and justify contracting versus doing work in house. Council Member Baxter stated that the general policy decisions follow trends. Mr. Baxter admitted that a percentage of the population is empty nesters who are not interested in parks. Mr. Baxter pointed out that no one is interested in a decrease in the level of city services. He stated finding efficiencies is the best way to lower expenses. Mr. Verbrugge recalled the ICMA Performance Center which used labor intensive and comparative data, but found they could not compare jobs across the country due to variables. It was not comparing apples to apples. Assistant City Administrator Weitzel reported the City uses an evaluadon process now comparing services to supply. Most increases in the 2006 budget are due to personnel additions and increases for existing employee salaries and benefits. Mr. Droste questioned how many police officers are necessary and inquired if the City could ger by with fewer. Mr. Verbrugge noted that staffing is based on one per 1000 of population. There are 19 officers at this time, and the population is estimated by staff at 20,000_ Ms. Shoe- Corrigan said the bottom line is that increases need to be justified. Council Budget Mr. Verbrugge explained that the Council budget focused on communication with residents. Funds were set aside for newspaper articles, open houses, a survey, educational opportunities, various organizational dues, and a I-liPP joint powers agreement. Several council members questioned the need now for a pool feasibility study for $20,0110 and the consensus was to cut this from the budget. Mr. DeBettignies suggested having more neighborhood meetings, perhaps in a different park weekly. National Night Out was applauded for resident input. Council suggested down sizing the community survey and cutting the allotted $18,000 to $9,000. Administration Budget Mr. Verbrugge reported that new spending included a Space Needs Study for $30,000 that would project a plan out ten to fifteen Years for city facilities. Mayor Droste recalled the last similar study was done in 1991. The study enables the City to create a plan within the capital improvement plan so funds can be accumulated and less debt incurred. Council was not convinced that the timing was right for this survey. City Engineer Brotzler noted that last year an expansion was suggested for a public works building and Council wanted staff to justify it. Mr. Brotzler suggested this Space Needs Study would be a method co justify the need or prove otherwise. Mr. Droste questioned whether the study would be necessary in 2006. Mayor Droste asked for a majority poll on whether to pull the space needs study or not: Shoe Corrigan, DeBettignies, Baxter and Sterner agreed to keep the study. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION SEPTEMBER 28, 2005 Ms. Weitzel pointed out that human resource expenses were moved together into an accounting group within the administration budget. Ms. Shoe- Corrigan questioned the amount spent on employment advertising and employee training. DL. Weitzel noted the amount is an estimate since it is unknown how much turnover there may be. Mr. Verbrugge stated there has been good response from employees who have attended training classes and it has helped employee morale. Ms. Weitzel stated that Dakota County has been contacted for professional speakers that may do internal training. Elections Council indicated the elections are necessary and the cost is established. No changes were made. General Government Council Member Sterner inquired about combining the equipment purchases with copy machine leases. Finance Director May reported that the copy machines are placed in centralized areas and shared by staff Mr. May explained the funds designated for Springsted are for reporting requirements necessary for bonds that have been previously issued. Government Buildings Mr. Verbrugge pointed out the fuel increases to gas and electric utilities. Council discussed cutting back the clean up days from two to one. Mr. Droste stated the city hired a code enforcement official to encourage residents to keep property well kept and the clean up day also does that No changes were made in the budget, however, Council encouraged staff to be conservative. Public Works Fleet Maintenance Mr. Verbrugge reported that the increase in the fleet maintenance was driven by employee cost increases. There were no new costs. The percentage increase was based on past needs. No changes were made. Mayor Droste called for a short break at 8:51 p.m. The meeting was reconvened at 9:00 p.m. Public Works Street Maintenance City Engineer Brotzler noted he was available for questions and discussion on the Pavement Management Program. The administrative fee is $7,500 for use of the software with \\'SB Engineering. Mayor Droste stated many of the street repairs are subjective. Mr. Brotzler explained there is a rating system which can be run through a model program to estimate the hours needed for repairs. Staff also records how many hours are used co repair areas which can then be tracked on an annual basis. Mr. Brotzler noted that the goal of the Pavement Management Program is to provide the City with an effective tool to maintain City Streets at a pre determined level which would maximize the pavement life. This approach should maximize the pavement life for up to 60 years. The program uses an average pavement condition (PCI; index of 75 to be maintained on all streets. This could be lowered and thereby spread the cost over a longer time. Council consensus was to assign 70 to 75 PCI to collector streets and 60 PCI to residential streets. Mr. Sterner supported 75 PCI on all streets. Mr. May reviewed the revenue from SKB Environmental at $200,000 for street CIP. This originated when SKB changed their landscape closure plan and arranged to give the City an additional amount over a set number of years. 3 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION SEPTEMBER 28, 2005 Isdr. Sterner asked if sidewalks are included in the Pavement Management Program. Mr. Brotzler noted that sidewalks are not included. Mr. Brotzler stated he would order site surveys for the areas scheduled for improvement and plan communication with the residents affected. UPDATES Council Member Shoe- Corrigan reported that there are some staff members at the High School that have the misconception that the flooding of the school gym was caused by the City's ponding system. Mr. Verbrugge said he v.-ill contact the Superintendent's office to clarify the issue. Mr. Verbrugge reported that the Fire Station bids due tomorrow will likely be higher than anticipated due to the effect of Hurricane Kau-ina. Also, the City Hall remodeling cost estimates came in 47% higher than expected. Ms. Weitzel stated the mechanical work and ductwork was more extensive than projected. Mr. May reported the plumbing and fixtures have not been upgraded since 1986. Mr. DeBettignies remarked that if Council would delay this it would likely cost much more in the future. Motion by Mayor Droste adjourned the meeting at 9:51 p.m. The City Council's Agenda Packet is Clerk's File 2005 -39. 4 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 4, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies and Shoe- Corrigan attending. Staff members present were Cite Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFeyeIe, Ciry Engineer Brotzler, Finance Director May. and City Clerk lenrink. The Pledge of Allegiance was said. The agenda remained as presented. City Administrator Verbrugge noted that additional information is provided for the bond sales under Old Business. PUBLIC COMMENT Mike Mchlenomy, 1836 Fairmont Avenue, St. Paul, stated he owns property next to Old County Road 38. He noted he had been farming on that property for the last 36 years. Mr. Mcl\tenomy wished to express his concerns about the danger involved on this gravel road and the curve near the railroad tracks. Cite Administrator Verbrugge pointed out that an item on the Consent Agenda tonight receives the feasibility report and orders a Public Hearing for improvements on Old County Road 38. Mr. Verbrugge stated that City Project 387 is expected to upgrade the road to pavement beginning next spring. City Engineer Brotzler researched speed limit signs on gravel roads and reported that State Statutes do not encourage signs due to the changing conditions on gravel roads. Mayor Droste thanked Mr. McMenomy for his interest in safety for citizens using CR 38. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. Ayes: 5. Nays: 0. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 2005 MOTION to approve the Consent Agenda. a. Minutes of September 20, 2005 Regular City Council Meeting b. Bills Listing c. Receive Petitions /Order Feasibility Report-132nd Court Street and Utility Improvements, City Project 393 d. Receive Feasibility Report /Order Public Hearing -Old County Road 38 Phase II Improvements, City Project 387 e. Receive Plans Spec's /Authorize Ad for Bid GlenRose Street Utility Improvements, City Project 397 f. Appointment of Fire Department Officers g. Set Special Council Meeting on October 12, 2005 OLD BUSINESS a. Accept Bids and Award Sale G.O. Water Revenue Bonds, Series 2005C Finance Director May reported on the results of the bid opening held October 4 at noon for Bond Series 2005C and 2005D. Mr. May indicated that eleven bids were received for 2005C and six bids for the 20050 series. Mr. May indicated the eleven bids received for the 2005C series were the ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 2005 highest number of participants ever recorded for a bond sale in Rosemount. The Water Revenue Bonds are for the construction of Water Tower No. 4 on Connemara Trail and Azalea Avenue. The low bid was offered by Wells Fargo Brokerage Services, LLC at an interest rate of 3.6014 The bond amount was $2,990,000. Terri Heaton of Springsted and Associates commented on the City's credit rating. Ms. Heaton had conversations with Moody's who indicated Rosemount's financial standing is rock solid. Ms. Heaton stated Moody's pointed out benchmarks for Rosemount which included a tax base on the Lighter side, debt that is on target, and high property values. She reported that Moody's indicated that Rosemount is "on the fence" between an Aa3 rating and Al and we are about ready to qualify for the Aa3 rating. Ms. Heaton noted that Rosemount now has an AI rating which is very good, but a higher rating would allow for better interest rates to be obtained in the future. Ms. Heaton stated the number of bids, aggressive rates and the moving market showed that Rosemount's bonds were very well received by the financial market. Council Member Baxter inquired about the variances in the True Interest Rate reported on the bid summary sheet by Springsted, Inc. Ms. Heaton stated the True Interest Rate combines races and premiums with discounts and fee factors. This clarified there were more details involved than were listed on the bid list. Motion by Baxter. Second by Shoe Corrigan, to adopt the following. MOTION to adopt a Resolution Accepting Offer on Sale of $2,990,000 General Obligation Water Revenue Bonds, Series 2005C and Providing for Their Issuance. Ayes: 5. Nays: 0. Motion carried. b. Accept Bids and Award Sale G.O. Fire Station Refunding Bonds, Series 2005D Finance Director May reported on the results of the bid opening held October 4 at noon for Bond Series 20050 and 2005D. The Fire Station Refunding Bonds, Series 2005D allows for the refinancing of the 1996 building loan for Fire Station No. 1 on Shannon Parkway. The low bid was offered by 121MB 121M Bank, N.A. at the True Interest Rue of 3.6298 -0. The bond amount was $1,120,000. Motion by Baxter. Second by Shoe Corrigan, to adopt the following: MOTION to adopt a Resolution Accepting Offer on Sale of $1,120,000 General Obligation Fire Station Refunding Bonds, Series 2005D, Providing for Their Issuance and Levying A Tax for the Payment Thereof. Ayes: 5. Nays: 0. Motion carried. 2 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 4, 2005 ANNOUNCEMENTS City Administrator Verbrugge announced there will be a Fall Clean Up Day on Saturday, October 8, 8 a.m. to noon located at the Public Works Garage on Brazil Avenue. Mayor Droste reviewed future regularly scheduled meetings. Mayor Droste pointed out the Fire Department will hold an Open House at Fire Station No. 1, 14700 Shannon Parkway, on Sunday, October 16, noon to 3:00 p.m. Mayor Droste moved to adjourn the meeting at 7:50 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -40. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 4, 2005 Pursuant to due call and notice thereof a City Council Special Work Session was held on Tuesday, October 4, 2005 at 8:03 p.m. in the Council Chambers ar City Hall following the regular City Council meeting. Mayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Shoe Corrigan, and Sterner present. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, Fire Chief Aker, City Clerk Jentink, City Engineer Brotzler, and Communications Coordinator Cox. AMCON consultants Todd Christopherson and Scott Mohs attended and Mark Vetter from Vetter Architects. Mayor Droste noted the purpose of the meeting was to discuss the bid results for Fire Station No. 2. FIRE STATION NO. 2 Mr. Verbrugge requested that City Council review the option analysis by AMCON Construction Management. Mr. Verbrugge reported that AMCON managed the construction of Fire Station No. 1 in 1997 and the City Hall remodeling in 2000 with lower costs than originally estimated. The bid opening for Fire Station No. 2 was held September 29, 2005. Mr. Verbrugge outlined AMCON's presentation for Council's discussion. Todd Christopherson from AMCON reported that the bids were disappointing and produced a project cost overrun of $350,000. Mr. Christopherson stated that bidders will be interviewed to determine where misinterpretations occurred and why costs were higher than expected. The Special Work Session was requested so AMCON could determine how to proceed with the project. Mr. Christopherson had concerns prior to the bid opening due to comments by contractors indicating that they were too busy to bid, too busy to fabricate, or unable to keep delivery schedules. Mayor Droste reviewed the carpentry bid, C -11. The budget was for $19,000 and the bid came in at $42,000. Mr. Christopherson commented the higher bid may be related to the way the estimate was written compared to specific products in the bid specification. Ms. Shoe- Corrigan pointed out estimates for the carpentry and roofing were also much higher than first estimated. Mr. Christopherson stated that occasionally they find something was left out or duplicated in another bid grouping after review. NIr. DeBettignies noted the roofing panels, C -32, may have been included in the millwork which would increase the bid. Mayor Droste inquired if timing is a key issue. Mr. Christopherson stated that winter construction costs are higher due to necessary heating and cover. The construction market is busy and the effect of Hurricane Katrina may hindet construction supplies and a shortage in the labor force. He included that costs can spike in addition to the average 3 °'o inflation each year. Mr. Christopherson was perplexed by the high bid results and stated that many variables may be at play. Mr. Christopherson reviewed ANICON's process to generate bid interest with 250 faxes, letters, and 400 phone calls. The project was futther identified by sending the plan and specifications electronically to nine different plan rooms who then send out notices to members. Ms. Shoe Corrigan expressed her concern for the design coming in over budget and requested an explanation. 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 4, 2005 Mt. Verbrugge stated staff looked at mimicking the design of Fire Station No. 1 with the help of AMCON. Mr. Droste recalled the financing for Fire Station No. 1 which was estimated at $3.2 million and then reduced for bonding to $2.5 million. Mr. Verbrugge stated space was cut down and $250,000 would be financed through other funds. Ms. Show- Corrigan stated she did not appreciate that Council is now asked again to modify the plan which is almost $400,000 over estimated cost. Mr. Verbrugge indicated it will be the Council's decision to move forward or not. He stated there are funds available though an interloan from CORE funds and it would be repaid over a 20 -year term. Mr. Baxter indicated he would prefer to rebid, but could accept using encumbered funds. Mr. Baxter did not see rushing the project. Mr. Verbrugge agreed there was no need to decide issues immediately. Mr. Christopherson reported that bids are open and valid for 60 days. He recommended consideration to award the bids for some project items. He then requested further direction from City Council. Mr. DeBettignies asked about the work force availability and the expected forecast. Mr. Christopherson expected Hurricane Katrina to draw the workforce to the Gulf area for 60 to 90 days. Mr. Droste agreed with Mr. Baxter's preference to rebid. He stated the news indicated that projects may go up 20 which could cause inflation or an automatic recession. Mr. Droste believed there may be stabilization soon and he stated news reports are often exaggerated. He suggested that City Council wait, review data, and make a decision at the next work session. Ms. Shoe Corrigan stated she was disturbed by the trends in the market and believed AMCON should forecast reasonable trends. She stared that if this happened in her own home, she would reconsider. Ms. Shoe- Corrigan emphasized that the fire station is for public safety and adds services to the community. She favored rejecting the bids and starting over. Mr. Droste suggested waiting a week and considering this at the work session. He stated he did not want to reduce the fire station size from a three -stall bay to two stalls; he believed that would it would be short sighted. Mr. Verbrugge inquired if City Council had any other options to offer. Mt. Sterner supported altering some of the specifications, such as the blinds and accepting some of the bids. Mr. Vetter, Vetter Architects, noted that a request to strip the building and lower cost is usually the first request in these situations. Mr. Vetter commented that the high cost of the blinds was unexpected. He reported the blinds are fabric- covered metal which are usually twice as much as metal blinds, but the bid amount this time was ten times more. Mr. Christopherson noted that one clear benefit results with the City being the owner, it has the flexibility to pick and choose bids. The City can move ahead with some bids and rebid others. Ms. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 4, 2005 Shoe Corrigan stated by next week she would look for some advise on what bids to move forward. Mr. Christopherson stated he understood the direction of Council. Mr. DeBettignies indicated he would favor staying within the planned budget amount. Mr. Sterner inquired if the architect would also review the project for cuts. Mr. Vetter stated that large block rather than small brick should produce a reduction. The blind quality could also be reduced. Mr. Vetter stared the largest way to reduced cost would be further reduction of the building size. The style of rock face concrete block could be changed for a savings of $10,000 to $15,000. Mr. Baxter inquired why the bid for rock face is $150,000 over estimate. Mr. Christopherson stated an interview with the bidder would explain the high cost. After that discussion, he could recommend ways to make further reductions Mr. Baxter noted he was in the roofing industry for many years and he had a difficult tune understanding why only one contractor would bid this project. He believed that reactions to the hurricane had an impact on the bid results perhaps due to the uncertainty of the work force availability. Motion by Mayor Droste adjourned the meeting at 8:52 p.m. The City Council's Agenda Packet is Clerk's File 2005 -41. 3 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 12, 2005 Pursuant to due call and notice thereof a City Council Special Work Session was held on Wednesday, October 12, 2005 at 6:30 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members DeBetrignies, Baxter, Shoe Corrigan, and Sterner present. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Clerk Jenti nk, and City Engineer Brotzler. Mr. Verbrugge requested Council to consider the liquor ordinance fast on the agenda. Mayor Droste agreed with the change to the agenda. Off -Sale Liquor Ordinance City Administrator Vetbrugge opened the discussion on amending the number of allowed off -sale liquor licenses which is now set at two with a population growth requirement of 6,500 per License. Mr. Verbrugge offered two options, phasing in additional off -sale liquor licenses or allowing the market to regulate the number of off -sale liquor operations without limits. Mr. Verbrugge spoke with the Assistant City Administrator of Eagan who teported their Council decided not to limit the number of off -sale liquor operations. Mr. Verbrugge noted that a real consensus from City Council has not evolved and he encouraged further discussion. Council Member Baxter stated the intent of this Council would be to go to a market based limit Mr. Baxter noted that future Councils would have the authority to change this ordinance vet again. Mt. Baxter reminded Council that relatively recent decisions had been made by business owners based on the standing ordinance. Mr. Baxter believed it would be reasonable to give these business owners two years, to January 1, 2008, before removing the off -sale liquor license limit. Mr. Verbrugge inquired if there would be a change to the population requirement. Mr. Baxter suggested leaving the population requirement which would allow one more liquor store at the population of 19,500. Mayor Droste recalled when the 2000 U.S. Census Data of 14,600 was used as a way to buy time as development occurred. Mr. Droste said by using the Metropolitan Council's census data an eighteen month delay is automatically implemented to the population growth. Council Member Sterner believed that Council, at that time, was aware of the delay and decided to use the more conservative population figure by Metropolitan Council. Staff and Council discussed how the City's population is established. Mayor Droste indicated he believed that population is not a consistent way to measure market needs. Mr. Verbrugge pointed out that marketing for existing businesses could not be forecast unless specific data was obtained from them. Council Member DeBettignies posed the question, if it is proper for the City to determine market strategies. Mayor Droste preferred that the City would not be the gatekeeper on the expanding business market. Council Member Shoe Corrigan stated the Council cannot verify how one business impacts another since there is no way to measure competition. Police Chief Kalstabakken reported that off -sale liquor stores do not generate any more police calls than any other retail sales business. Mr. Kalstabakken added that most of the police calls deal with bad checks or shoplifting. Mayor Droste emphasized that public safety is not an issue for off -sale liquor stores. Mx. Sterner spoke to Farmington's municipal owned liquor store manager, who stated a population of 10,000 would support his business. Mr. Sterner believes in free trade, and supply and demand ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 12, 2005 and stated he suggest a sunset date that would phase in additional off -sale liquor stores. Mr. Sterner suggested that a distance limitation of 2000 feet between off -sale liquor stores would guide off -sale liquor stores to new development areas. Mayor Droste reported that Chanhassen has set off -sale liquor license limits, but has allowed three liquor stores in the same shopping center. Mr. Droste said this works because it is a convenience for shoppers. Ms. Shoe Corrigan recalled when commercial space was very limited and Council wanted to provide residents with a variety of retail stores. Now that market studies have been conducted and development is occurring it is not up to her or City Council, but the individual busutessman and the market, to determine what retail business develops in the City. Ms. Shoe- Corrigan stated that there should be movement toward a goal of an open market for off -sale liquor stores. Ms. Lindquist noted that staff is working hard to bring development into Rosemount. She stated there is a market for liquor stores now and she could not suggest a separation clause within the ordinance. She stated that a separation distance would likely prohibit locating a liquor store in the Steiner development on Highway 3 and County Road 42. Ms. Lindquist pointed out that staff would prefer to have an ordinance that wrould be flexible and allow available commercial space to be filled to capacity. Mayor Droste suggested a compromise with a sunset date of June 2007 to remove all limits on off sale liquor stores. Mr. Droste recommended the City should he consistent. Ms. Shoe Corrigan recommended increasing the limit to four. This would allow unli7ation of available commercial sites. Mr. DeBettignies believed a separation distance would not benefit the evolving market place. He stated that similar businesses often locate near each other and then offer some different quality, costs, convenience, or familiarity. Ms. Shoe Corrigan stated she was sympathetic to Rosemount Liquor Mart. She also stated she needed to look at long -term goals for the City of Rosemount. One of Council's primary goals is to attract downtown retail development. Mr. DeBettignies agteed and noted that with marketing strategy changes the current liquor stores would be able to maintain their businesses. Mr. Baxter noted that once the market is open existing grocery stores could also add off -sale liquor sales. He pointed out that it may be unwise to regulate business by population and added that a liquor store is not a compelling reason to change an ordinance. Mr. Sterner mentioned other businesses have left Rosemount when new compedtion located here. He suggested a phased approach to the ordinance to give time to current businesses. Mr. Verbrugge requested clear direction for staff to proceed. He stated two options that stood out; 1) go to open market or 2) phase in a change. Ntr. Verbrugge noted the ordinance could also be left as is. Mr. Verbrugge said he will, draft an ordinance that removes the population based limit consult the cite attorney about sunset clauses and phasing options, and present the first reading at the November 1 regular meeting. 2 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 12, 2005 Fire Station No. 2 Assistant City Administrator \Weitzel reported that the Fire Station bids were opened on Thursday, September 29, 2005. Todd Christopherson, from AMCON, reported results to the City Council following the October 4, 2005, regular City Council meeting. A total of 89 bids were opened which was below the 140 bids anticipated. Ms. Weitzel introduced Todd Christopherson from AMCON to explain the bid results. Mr. Christopherson noted there was not one single reason for the low number of bidders, but a combination of national and regional issues that affected the outcome: 1) energy /fuel cost increases and 2) Hurricane Katrina causing marketplace uncertainty. Mr. Christopherson further stated that an adjusted increased cost estimate of $75,000 was necessary due to underestimating. The cost overages resulting from the bids were approximately $400,000. Mr. Christopherson recommended that the City reject the bids, revise the plans and specifications, rebid the entire project in late January, 2006, and have construction begin in April. Mr. Christopherson believed there would be favorable results with the January bid opening. Mr. Verbrugge pointed out that Inver Hills Community College had a project that recently had a cost estimate of $1,000,000 over budget which supports the untimeliness of the bidding atmosphere. Council Member DeBettignies questioned if steel and wood producers may over produce due to the needs incurred after Hurricane Katrina. Mr. DeBettignies suggested that if there is a surplus in spring, then prices may again drop and it may be a good time to take advantage of price savings. Mr. DeBettignies pointed our that steel prices are holding at a level pace right now. Council Member Shoe Corrigan inquired why redesign is being considered. She noted the design was based on Fire Station No. 1 and the City hired the same architect in order to save money. Architect Mark Vetter stated that some revisions could be made to the exterior rock face or by acquiring materials called for in the specifications. Revisions could be in the areas of: jumbo brick, canopies, clock tower, and roof changes. He explained that if the brick is changed then the plan would require new drawings. Mr. Vetter noted that cost estimates for architectural services could be provided to Council. Mayor Droste inquired what the engineering /architectural costs might be. Mr. Christopherson stated it would be dependent on the scope of changes, but he would estimate it would not exceed $50,000. Mr. Droste stated he did not appreciate restarting the project, but realized it may be necessary. Mr. DeBettignies inquired if the size of the building would be affected. Mr. Christopherson suggested that the size of the building not be changed. Mr. DeBettignies also inquired if any of the bids could be accepted at this time. Mr. Verbrugge replied the grading bid could be accepted and the site prepared. Mr. Christopherson then talked about the bay doors and metal roofing panels and noted that substitutions could be allowed in the specifications to encourage more bidders. Ms. Shoe Corrigan stated she was disappointed AMCON had not made an accurate estimation of the building costs. Council Member Baxter stated he believed it would be best to reject the bids and decide if the increased cost will allow the fire station to be built without going back to the residents for approval and additional funding. 3 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 12, 2005 Council Member Sterner noted that supply and demand likely influenced the bid results and stated he felt most of the bids should be rejected. Mr. Sterner stated if some of the bids are reasonable and fit our needs they should be accepted. Ms. Weitzel asked how extensive of a reduction in construction costs Council expected by the next work session. Mr. Verbrugge stated that if the conditions remain the same when rebid the project may have to be scaled back. He noted that the bonding would not be affected, but decisions regarding the 2006 budget may be altered to redirect funds to any increase for Fire Station No. 2. Mr. Droste pointed out the fire station is for public safety so it is justifiable to taxpayers, but the cost must be within reason. Mr. Verbrugge noted that $300,000 was removed from the Capital Improvement Plan budget. Mayor Droste suggested eliminating the Space Needs Study in 2006 which would allow $30,000 toward the fire station. Mr. Sterner inquired about pros and cons of the first fire station and issues with finance and budget. Mr. Christopherson recalled that Fire Station No. 1 bids came in 1 °'o under the estimated cost and one -half of the %0,000 contingency allowance was used in the project. Mr. Christopherson noted that the cost per square foot bid in the Fire Station No. 2 is higher than he has seen in other government buildings of similar size. This may be an anomaly that could be corrected when re -bid. Staff was directed to receive bids and award the excavation and site utilities at the November 1, 2005 regular City Council meeting. Mr. Christopherson hoped for stronger competition and good bid results in January. Mayor Droste called for a break at 8:20 p.m. The meeting was reconvened at 8:30 p.m. Final Draft Comprehensive Water Supply Plan City Engineer Brotzler presented the final draft of the Comprehensive Water Supply Plan Mr. Brotzler noted the recent adoption of the 42 Land Use Plan has played an integral part of future comprehensive plan amendments. Mr. Brotzler also advised that a water rate and sanitary sewer rate study will be conducted to implement new utility rates next year Kevin Newman and Nancy Ziegler, from WSB Engineering, gave a brief overview of the Comprehensive Water Supply Plan. Mr. Newman forecast the future build -out of the city and how that affected the water supply. There are currently 4,900 acres served by water and when Rosemount is fully developed there will be 16,600 acres that will require water services. Today water usage is 2 million gallons per day with a peak demand at about 5 million gallons per day. Using the Land Use Plan an estimated water demand in 2025 should be 22 million gallons per day with a peak demand of 31 million gallons per day. Mr. Newman discussed the wells required to meet the demand. Three water treatment plants may be necessary when the cit is fully developed. Mr. Brotzler explained that two sites have been selected for waver treatment plants; one is next to the Bacardi water tower and the second one is in the Rosemount Business Park. Mt. Newman stated more storage will be needed as the population grows to meet peak hour demands. Mr. Brotzler noted that the Utilities Commission has made a thorough review of this document. Mr. DeBettignies inquired about ground water storage. Mr. Newman stated ground water storage would be held in concrete below grade. Ms. Ziegler explained the water treatment plant is often necessary to remove chemicals that are not a health threat, but may cause smells, tastes, or color issues. Mr. Brotzler noted that some communities have water sources that contain radium which requires a treatment plant for removal. Mr. Brotzler explained raw water lines are necessan: to run 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 12, 2005 water to and from the treatment plant. The raw water lines will need to be added to the infrastructure, as development occurs, by following the data in the Comprehensive Water Supply Plan Mr. Sterner asked about water storage. Mr. Brotzler explained it takes a year to build a water tower in addition to drawing the design, receiving approval from the Deparmhent of Health, and acquiring land for a site. Plans for the next water tower should start in 2007 for a completion date in 2010. Mr. Baxter inquired how large items like this are financed. Mr. Brotzler answered the Utility Core Funds, which is built up by a portion of each water customer's bill, and also financial bonds. City infrastructure and trunk improvements are based on this document. Mr. Brotzler noted that Flint Hills Resources have their own water wells and do not contribute to the increased water needs. Mayor Droste thanked Kevin Newman and Nancy Ziegler from WSB Engineering for their presentation. Downtown Redevelopment Communications Council Member Shoe Corrigan requested discussion regarding the Downtown Redevelopment and communications with affected businesses. Ms. Shoe Corngan has had several conversations with property owners who are not happy with CPDC and the manner that business has been conducted. Ms. Shoe Corrigan stated that the City and staff need to rebuild their relationship with property owners and businessmen. Mr. Verbrugge expressed the frustration in the initial stages of the redevelopment because information was forthcoming so slowly and there was nothing new to report. Mr. Baxter stated that uncertainty is difficult for business owners who need to order inventory and make decisions. Mr. Verbrugge reported that other cities have experienced the same reaction when redevelopment occurs. Ms. Shoe Corrigan stated that CPDC needs to treat business owners more like customers and use their marketing skills. Mr. Baxter noted that communications work both ways and some of the property owners and renters have not participated in open meetings. Mr. DeBettignies suggested using a form letter to survey the property owners. Ms. Lindquist reported that Dr. Hansen has not returned calls or been open to discussion. Ms. Lindquist noted the communication between the appraiser, CPDC, the City, and the property owner leaser has not always been clear. Mr. Tompkins, President of CPDC, plans to meet each owner to purchase their property. Mayor Droste stated he would prefer that the rumor mill be more controlled and that relocation information be made available to other businesses in addition to Core Block East. Mr. Droste reminded staff they should be contacting property owners with information long before the newspaper prints an article on it. Mr. Droste stated that a consistent message, even if repeated, is needed since it is proven people need to hear something two or three times before they act on it. Ms. Lindquist stated that the relocation site is a limited resource being only 1.5 acres. Ms. Shoe Corrigan recalled from the Downtown Committee that home businesses would be allowed as a transition phase on 145 and Cameo Avenue. Staff requested a selection process for determining which business(es) could use the relocadon site. Mt. Droste pointed out that if the City purchases the Genz Ryan property in Rosemount, it may be another relocation site. Ms. Lindquist inquired how much the City may support relocation of businesses; would the appraised value be honored or more; and, how is the Port Authority and City ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 12, 2005 Council going to support it. Mr. Verbrugge believed the lease rates would be $20 per square foot in the new building which is higher than leases now incurred by businesses in Core Block East. Ms. Lindquist reported the next Downtown Redevelopment meeting is on November 2. Mayor Droste directed City staff run the meeting and not allow misuse of this public venue. He requested the meeting be structured to include a presentation and a limited time for public comment. Mr. Baxter stated he or other Port Authority members would be willing to chair the meeting Mr. Verbrugge stated it is difficult to refute negative information and one cannot argue perceptions and emotions. Mr. Verbrugge stated that inaccurate comments by the public would be corrected. Mr. Baxter understood that properq owners need to know when change is going to happen since not knowing is disruptive. Ms. Shoe- Corrigan reported that residents do not want to see the businesses in Core Block East leave. Mr. Droste reminded all that it is taxpayer's money that is used for every transaction made by the City. Mr. DeBettignies noted that speculation is not helpful information and the truth cannot harm. Mr. Droste indicated that CPDC hired a space needs consultant to work with business owners. Ms. Lindquist stated no one has hired the consultant yet. Mr. Verbrugge suggested that a Request for Proposal process be used to select the developer for the Genz -Ryan propetry should the City acquire it. This would be an open process that would create the framework and market data necessary for development. Mr. Sterner reinforced the desire to keep the small town feel in Rosemount. He pointed out there are eight businesses affected by the development of Core Block E and he believed every effort should be made to offer alternatives in a positive light to these business owners. Mr. Droste noted that businesses may not say what their long -term goals are and that is their rig lit to do so. He stressed the importance to keep a good message because it is hard to combat some of the incorrect facts being talked about in the public. Ms. Shoe Corrigan has heard destructive talk from businesses and would desire cooperative communication. UPDATES Mr. Sterner inquired if CPDC Inc. had paid their park dedication fee for the Harmony development. Ms. Lindquist stated die City had not received it, but that was not unusual. Mr. Verbrugge reported a drainage issue on Daffodil Lane. A resident at 13466 Danube Lane has experienced flooding with the six -inch rain on October 5 and also in July 2000. It appears to have been built at the wrong elevation, which points to builder error. The emergency over flow drain is also above grade. Staff was directed to arrange to have a survey done to verify the drainage utility easement and elevation. Mr. Verbrugge reported a traffic accident on Upper 156'" Street and Danville Avenue. This location was already a site under study for traffic counts and review warrants for a requested stop sign. Mr. Verbrugge noted extenuating circumstances are sightline obstructions and the configuration of the corner. Mr. Brotzler suggested following state guideline standards which may not be received well. Mr. DeBettignies has witnessed many rolling stops in that neighborhood and did not think stop signs would help. This issue will be addressed at Tuesday's regular City Council meeting, October 18, 2005. 6 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION OCTOBER 12, 2005 Mr. Sterner inquired how many of the new park signs have been installed. Mr. Verbrugge reported that there are two left to install this year, the latest was at the Family Resource Center. Mr. Sterner announced that there are 25 German students visiting Rosemount for three weeks. Mr. DeBettignies noted concern for intersections that are being used by traffic as if they had a right turn lane when it does not. He cited the intersections at 160` and Highway 3, and 152n and December Trail entering Shannon Parkway. He questioned if signs placed in these areas prohibiting use of the shoulder as a right turn would improve traffic safety. Nir. Brotzler suggested striping the shoulder next summer. Mayor Droste noted a fund raising event for Hurricane Katrina victims at LT- More -Park. Mr. Droste commended Mr. Verbrugge for the excellent article that he wrote in the Rosemount Town Pages. Mayor Droste attended a luncheon on October 10 where Flint Hills Resources donated $200,000 to a program to reduce pollution and protect health. The school district plans to make application to that program to retrofit school buses at a cost of $2,500 to $3,000 each to reduce pollution. Mayor Droste noted that a new resident commended the City for their entry signs into the City. Staff stated that the entry signs are due to be updated in 2007. Mayor Droste announced City Council is invited to attend the Anytime Fitness grand opening on Friday, October 14 at 10 a.m. Mayor Droste adjourned the meeting at 9:57 p.m. The City Council's Agenda Packet is Clerk's File 2005 -42. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 18, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies and Shoe Corrigan attending. Staff members present were City Administrator Verbrugge, City Attorney Mary Tierjen, City Engineer Brotzler, Community Development Director Lindquist, City Clerk Jentink, Parks and Recreation Director Schultz, and Police Chief Kalstabakken. The Pledge of Allegiance was said. The agenda was adopted as presented. City Administrator Verbrugge noted that additional information was distributed for three agenda items. 1) A news article about signage issues was included for the Danville Avenue Traffic Control Review; 2) an assessment appeal letter from Mr. and Mrs. Gilmour for City Project 392, and 3) a letter from Bruce Minea and Jill O'Rourke regarding die Old County Road 38 improvements, City Project 387. DEPARTMENT HEADS REPORTS /BUSINESS a. Danville Avenue Traffic Control Review City Engineer Brotzler reported that staff was researching the need for signage on Danville Avenue in response to recent accidents at 156th Street and Danville Avenue. On September 20, 2005 another accident happened at the same location. The City's traffic engineering consultant, Chuck Rickart, collected data for traffic volumes, sight line reviews, and signage options. The traffic volumes were at 800 to 900 vehicles per day. Mr. Rickart stated that is typical for a residential neighborhood. Police Chief Kalstabakken found there have been sit traffic accidents in the past five years from 156th Street to 160th Street on Danville Avenue and half of those involved residents who lived nearby. The policy for traffic control follows the standards set by the Minnesota Manual on Uniform Traffic Control Devices. The warrants set out to add stop signs on Danville Avenue were not met. Mr. Rickart stated the interpretations are subjective and presented four options to consider. Council discussed traffic conditions, sight lines, landscaping, and driver's perceptions. The four options suggested by staff were as follows: 1. Do nothing. 2. Add side street stop signs 3. Install all -way stops at 158th Street and 156± Street 4. Make sight line improvements and add safety signs such as "intersection ahead" Council Member Sterner inquired about the cost to the City to improve the sightlines. Mr. Rickart advised that if city staff would do the improvement, the cost would be minimal. He noted that the city right -of -way would need to be verified. Mr. Sterner stated he would recommend combining option 2. and 4. to improve sight lines and slow traffic. Mayor Droste asked what the warrants are for side street stop signs. Mr. Rickart stated that side street stop signs do not have a defined traffic level requirement. Mr. Droste then asked what the warrants are for all -way stop intersections. Mr. Rickart reported that the warrants require traffic counts of 500 vehicles in one hour for eight continuous hours. Mr. Rickart explained that it would be very difficult to meet those warrants in a residential area. Mayor Droste opened the floor for public comment. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 Council Member Baxter reviewed the number of accidents. There were two crashes at 158 Street, two at 156 Street, and tvo at 160 Street and Danville Avenue. Mr. Baxter made the point that if all intersections which had two accidents in the last three years had stop signs installed there would be many more stop signs throughout the city. Jim Somski, 15736 Crystal Path, spoke in favor of adding stop signs along Danville Avenue. Mr. Somski was concerned for children waiting at bus stops on Danville Avenue. He has a first grader that waits at the same comer the traffic accident happened at on September 20. Mr. Somski stated that even one accident is too much and he would prefer to see a four -way stop at 156th Street. Ivlr. Somski agreed that it would he good to educare drivers on safety, but felt the stop signs would greatly slow down anyone who is prone to roll through stop signs. Council Member Shoe Corrigan was familiar with Danville Avenue and stated the sightlines were also restricted due to a rise in the road. She inquired if school bus stops are supposed to have visibility requirements to qualify for a school bus stop. Mr. Brotzler stated the sightline distance is clear at 30 mph, but if traffic goes faster then the sightline decreases. Ms. Shoe- Corrigan wondered if the City or the school district transportation department could look into this safety point. Mr. Baxter questioned if the City has the authority to lower the speed on Danville Avenue. Mr. Brotzler stated Council does have the authority to lower the speed limit to a 23 mph which than must be posted. Mr. Brotzler pointed our that local streets typically don't post speed limits since state statute designate 30 mph for all residential streets and without enforcement, likely the residents would not slow down to the 25 mph even if posted. Council Member DeBettignies stated he lives in the area and is well aware of drivers who disregard safety and roll through stop signs. Mr. DeBettignies agreed with staff that stop signs would not correct behavior and may actually cause drivers to speed on Danville knowing they have the right of -way. Mr. DeBettignies pointed out that even removal of the blue spruce in the sightline may not improve safety. He firmly believed that driver error is the cause of the majority of accidents. Mr. DeBettignies noted that the City of !Minneapolis put up camera cops at some intersections which has helped eliminate accidents there. Mr. DeBettignies noted that drivers do not have a clear understanding of who has the right -of -way on a right hand turn and they often do not obey signs. Mr. DeBettignies thanked the resident, Mr. Somski, for speaking on the issue. Mayor Droste inquired how many school bus stops are on Danville Avenue. City staff did not have that information. Mr. Droste inquired if Police Chief Kalstabakken had more data on the six accidents reported. Chief Kalstabakken stated all the accidents were right angle accidents and half of the people involved lived in the area. Chief Kalstabakken said the residents were familiar with the intersections and yet the accidents still occurred. Chief Kalstabakken agreed that if you install a sign it will likely not change the driver's actions. Ms. Shoe- Corrigan suggested that use of the police department speed trailer could be used to help control speeders and awareness. Chief Ialstabakken reported that both marked squad cars and unmarked squad cars have detected 30' o of drivers going over 30 mph in the evening. He stated 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 the police can patrol regularly and the often find that residents from the area are hurrying to their own events. Chief Kalstabakken said the speed trailer and patrols usually target areas of most concern and areas they have received consistent complaints. Ms. Shoe Corrigan noted that this area is completely developed and no recent changes have occurred. Ms. Shoe- Corrigan stated she was familiar with this neighborhood and during the day children are out playing, there are sidewalks on both sides of the street, and it makes good sense that in the evening there should be patrols. Ms. Shoe Corrigan preferred no stop signs be installed at this time. Mr. DeBettignies clarified that there were no accidents in 2000 to 2002. In the years 2003 to 2005 there were six accidents. Mr. Brotzler brought out that Dakota County improved 160th Street which now has four lanes, speed limit of 55 mph, and now has a higher volume of traffic. Mr. Brotzler stated this likely did have some affect on the traffic pattern. Mr. Verbrugge suggested targeting the neighborhood with an educational brochure since there is not a strong desire to add stop signs. Mayor Droste asked the resident, Mr. Somski, to respond to the discussion. Mr. Somski stated he believed it was a good idea to distribute an educational brochure. Mr. Somski favored stop signs. He stated he believed a visual sign was needed to slow down traffic and this may help reduce the severity of accidents. Mr. Sterner preferred the side street stop signs, modifying sightlines, and approved of the community education. Mr. Sterner stated that safety is a big issue and believed residents would gain some safety and reduced speed with side street stop signs. Mr. Sterner also believed the sightlines changes would improve safety. Mr. Baxter indicated the education piece was a good idea. He did not want to add stop signs because it appears it does not solve the problem. Mr. Baxter summarized that staff had shown this may cause drivers to increase their speed because traffic on Danville Avenue has the right -of -way. Mr. Droste recalled when he was in the area at National Night Out and noticed the street acts like a collector street since there are no driveways with access and there are uncontrolled intersections. Mayor Droste summarized the discussion. Staff was directed to improve sight lines, offer safety education to the neighborhood, and increase the police monitoring on Danville Avenue. Council requested that this traffic area be reviewed after one year to check on the effectiveness of the changes. Mr. DeBettignies reported that a city in Germany was dealing with this same issue of traffic safety and they choose to remove all signs and lights in the community. This proved to reduce their traffic and pedestrian accidents by 75 °'0. Mr. DeBettignies pointed out that people's attitudes could be changed and safety was improved. Mr. DeBettignies stated he did not recommend removing signs, but it was a curious example. Mr. Verbrugge acknowledged that staff had clear direction to move forward to improve traffic safety on Danville Avenue and 156e to 160th Streets. b. Special Event Update Haunted Woods Trail Parks and Recreation Director Schultz announced the twenty -third annual Haunted Woods Trail which will be held at Central Park on Saturday, October 29, from 6:00 p.m. to 8:00 p.m. Preschool to middle school age youth are invited to take part in a haunted trail and receive treats from local business and service organizations. Mike Bouchard, Chairperson for the Halloween Committee, said that the business community has been very generous with over 41 sponsors this year. John Loch is participating by improving and updating the old props and creating eight new props. Mr. Bouchard said Mr. Loch gives 110° o and is very much appreciated. Mr. Bouchard estimates that 1800 people will participate this year. Mayor Droste thanked Mr. Bouchard and his committee fot their many hours of work for the whole community. CONSENT AGENDA Motion by DeBettignies. Second by Baxter. City Engineer Brotzler reviewed the 2005 Pavement Management Project which included Rahn's Additions 1 through 7, 130th Street east from Highway 3, and Dodd Court. Mr. Brotzler explained that this is part of a continuous program to maintain the streets and infrastructure of the City. Mr. Brotzler noted that the project included street rehabilitation, reconstruction and overlay with improvements made to sanitary sewer and water systems where necessarc. Mr. Brotzler reported the total cost of the project was $1,639,111 with 24% funded by special assessments. The assessment rates were as follows: Urban Street Reconstruction $4,000 /unit Rural Street Reconstruction $4,710/unit ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 MOTION to approve the Consent Agenda. a. Minutes of October 4, 2005 Regular City Council Meeting b. Minutes of September 20, 2005 Special Council Meeting c. Bills Listing d. Expenditure Approval from Donation Account Parks and Recreation Dept. e. Budget Amendments f. Change Order #3 2004 SCADA System, City Project #377 g. Payment #7 Final Biscayne Pointe North, City Project #370 b. Payment #8 Final Rosewood Townhomes, City Project #378 i. Security Fences Text Amendment 05 -38 -TA j. Twin Ponds Simple Plat 05- 41 -AP /V k. Accept Bids and Award Contract for Fire Department Fire Tanker Vebide 1. 2005 DNR Remediation Grant Agreement Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING Assessment Hearing 2005 Pavement Management Project, City Project 392 Mayor Droste reviewed the public hearing process for the public. The _Affidavits of Posted and Published Notice were on file with the City Clerk. 4 Bituminous Overlay Street Rehabilitation ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 $4.54 /front foot $1,250 /unit Mr. Brotzler explained that two public informational meetings were held on January 19 and 20, 2005. The public notice and assessment process information was mailed to residents two weeks prior to this Public Hearing. Mayor Droste outlined the appeal process which would require notification to the City within 30 days after the adoption of the assessment and also filing a notice with the district court within ten days after the City is noticed. City Attorney Teitjen confirmed the process noting that it could be a written or verbal objection from those attending tonight's' meeting. In order to appeal to the District Court a written objection letter needs to be received by the City and then within 10 days filed in state district court. Mr. Brotzler continued with the payment options that would require full payment within 30 days or placing the assessment on the property tax roll for a ten -year payment plan at 5.5% interest. Council Member Shoe Corrigan examined how residents were notified. Mr. Brotzler explained the project updates were available to residents by mail, fax, or on the City web page if they responded to the letter. The residents are given an estimate of the assessment costs after the feasibility report is accepted by City Council. The fmal assessment is determined at the close of the project. Mayor Droste opened the meeting for public input. Mt. Jason Gilmour, 3155 146th Street, reported he has filed a letter of assessment appeal with the City Clerk. Mr. Gilmour related he had lived in Rosemount for two years and he was shocked to receive the letter requesting $4,000. Mr. Gilmour stated he was not prepared to handle this assessment and it financially came at a yen' bad time. He admitted he had not attended any prior meetings, but he felt the notice did not communicate what responsibility was expected from residents. Mayor Droste thanked Mr. Gilmour for his candor and stated the City can work at improving their communications. Linda Mullin, 3185 146 Street West, reported she was not happy with the hardship placed on her family throughout the project. Ms. Mullin stated she endured a gas leak which required the house to be evacuated. Her house had no water pressure for three days. And, her vehicle was backed into by a McNamara truck so she was not able to make it to work that day. Ms. Mullin stated she was not pleased with the street improvements and was surprised by the $4,000 assessment notice. Mr. Mike Scorcolm, 3380 146th Street West, stated he was caught off guard by the $1,250 assessment notice. Mr. Scorcolm inquired about how the cost was established. He noted his driveway did not need to be changed. Mr. Scorcolm noticed that the same contractor is used for most street reconstruction and be wondered how the bid process worked for city projects. City Engineer Brotzler noted that the grade is sometimes changed when a street reconstruction occurs which can cause additional work on a resident's driveways in order for it to match the street grade. The Cite- has in the past matched the width of the driveway unless it is wider than the maximum allowed. Mr. Brotzler explained the bid process and reported that a different contractor was used for last years Pavement Management Project. 5 Motion by Droste. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 MOTION to close the public hearing for the Assessment Hearing 2005 Pavement Management Project, City Project 392. Ayes: 5. Nays: 0. Motion carried. Ms. Shoe Corrigan sympathized with residents who had problems with the street project. Ms. Shoe Corrigan wants the residents to understand how to interact with government so they can advocate for themselves. She expressed the need to make government a little more friendly in Rosemount. Ms. Shoe Corrigan reminded residents that if they cannot attend a meeting they could receive information from the city web page, www.ci.rosemount.mn.us. Mr. Brotzler stated he also wants to improve communication and appreciates all feedback from residents and property owners. It is important to know if there are any issues that can perhaps be improved at that time. Mr. Baxter requested a follow up report be done to see where the communication broke down and how it can be improved. Staff acknowledged the directive. Mr. DeBetrignies inquired why Cameo Place did not receive an assessment. Mr. Brotzler noted the assessment policy states if a property does not have a driveway unto the improved street they do not receive any benefit and can not be assessed. Motion by Shoe Corrigan. Second by Baxter. MOTION to adopt A Resolution Adopting the Assessment Roll for the 2005 Pavement Management Project, City Project 392. Ayes: 5. Nays: 0. Motion carried. Ms. Shoe Corrigan requested that staff follow up with Mr. and Mrs. Gilmour on directing their appeal. City Administrator Verbrugge acknowledged the directive. Mayor Droste thanked the residents for coming forward and making comments. PUBLIC HEARING Old County Road 38 Phase II Project, City Project 387 Mayor Droste reviewed the public hearing process for the public. The Affidavits of Posted and Published Notice were on file with the City Clerk. City Engineer Brotzler described the second phase of improvements to Old County Road 38 (CR 38), City Project 387 located between the Harmony development and Akron Avenue. A 42 ft. wide urban road is proposed with nvo through lanes and a center turn lane. The walking trails will be 6 included east to Bacardi Avenue and then continue easterly as new development occurs. Right -of- way and temporary easements and ponding easements will need to be acquired. Utility easements must be established for a number of gas pipelines that crisscross under CR 38. A lateral sanitary sewer line will provide service to three properties north of CR 38. The storm sewer system is consistent with city standards. Mr. Brotzler reported that Mare Pond is a preserved wetland which will require a retaining wall built on pilings. The roadway over Mare Pond will be an expensive component and will impact about one acre of wetland. Preserved wetlands mitigation has a 3 to 1 ratio replacement which is included in the proposed project. The soils in the wetland are such that additional soil will need to be added to the road base to compact it. Mr. Brotzler noted the railroad crossing will be upgraded with gates and lights and the costs for right -of -way acquisition there are not known at this time. Road assessments are proposed to be assessed at 110 per front foot and the sanitary sewer assessment will be $1,250 per acre. It was noted that the proposed assessments do not include costs associated with right -of -way acquisition. All costs including right -of -way acquisition will be assessed to respective properties in addition to the proposed assessments. Mr. Brotzler reviewed the funding for the project which included $2,240,000 from the turn -back agreement with Dakota County. This is a Municipal State Aid road which is subject to state aid approval. The proposed schedule would award bids in May, and begin the project in June with an assessment hearing in November 2006. Council called for clarification on locations of certain ponds and the lateral sanitary sewer. Mr. Sterner inquired who would pay for the trails that would be completed as development occurs. Mr. Brotzler responded that the developer would bear that cost. Mayor Droste opened the Public Hearing for City Project 387 for public comment. No comments were made. Motion by Droste. Second by Baxter. MOTION to close the Public Hearing for Old County Road 38 Phase II Project, City Project 387. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 Ms. Shoe Corrigan requested information about the temporary pond on Mr. Minea's property. Mr. Brotzler reported he had met with Mr. Minea on this topic and the language for the pond easement may be revised to clarify that the City will absolve the need for the pond when adequate ponding is provided by new development. Motion by Shoe Corrigan. Second by Sterner. MOTION to adopt A Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for Old County Road 38 Phase II Project, City Project 387. Ayes: 5. Nays: 0. Motion carried. 7 1 1 NEW BUSINESS a. Final Grade Ordinance First Reading City Engineer Brotzler presented a process whereby the permit holder would be required to prepare and submit to the City a final grade lot survey that has been certified by a licensed surveyor. This is to ensure that lots are final graded in conformance with the development grading plan and approved lot survey. The procedure would become effective January 1, 2006. to allow time to communicate the change to builders and developers. Staff researched other communities that collect a survey fee as security to ensure that the work is completed and then submitted to the City. The proposed survey fee is $2000 which will be placed in the 2006 Fee Resolution with other common city fees. Winter builds have until June 15 to submit the lot survey. Mr. Brotzler stated the goal of this ordinance is to ensure that lots are final graded in conformance with the development grading plan and approved lot survey. Council Member Sterner inquired how the list of builders is acquired. Ms. Lindquist replied the list would be pulled from the building permit list from the last few years. Mr. Brotzler reviewed the reason a lot survey is a benefit to the homeowner and can ensure that good drainage is provided. The lot survey also ensures that the house location, house elevation, and yard grading is accurate. Mr. Verbrugge stated that new builders would receive a complete check list of what is expected from the City. The second reading of the final grade ordinance will be on Consent Agenda at the regular meeting on November 1, 2005. b. C3 and C4 Zoning Text Amendments 05- 25 -TA, First Reading Community Development Director Lindquist described Council input at work sessions held on August 9 and September 14 for C3 and C4 commercial zoning. The zoning text amendment changes included: 1. The "Decorative Fence" definition was revised to further restrict the materials to be used: Decorative Fence A fence as defined by this Ordinance made of high quality, long lasting and ornamental materials including finished metal or aluminum, wrought iron, brick and the like but not including wood, unfinished metal, vinyl, PVC, chain link, wire, barbed wire or like materials. 2. Buffer yard setbacks for commercial properties adjacent to residential uses: A buffer yard equal to thirty feet or two times the height of the building, whichever is greater, shall be required along any side or rear property line abutting any non commercial or non industrial use or district The minimum buffer yard for any single occupancy building with a footprint equal to or larger than 40,000 square feet, but not greater than 100,000 square feet shall be increased by 50 °'o of the required buffer yard. Buffer yards for buildings with a footprint exceeding 100,000 square feet shall be increased by 100 °'0. This area shall contain landscaping and berming to provide a ninety percent opacity screen to a height of a least six feet and shall not contain any structures, parking off street loading or storage. Should landscaping and berming be found ineffectual by the City, the City may approve screening walls and /or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty five feet without a change in architecture to reduce their mass and appearance. 3. Minor revisions to the size of menu board signs as part of a conditional use permit for a drive through faciliry. Ms. Lindquist stated this would also discourage non related advertising on menu boards. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 Council consensus agreed with the proposed changes. No clarification questions were asked. Staff will present the second reading on the Consent _Agenda at the next regular City Council meeting. ANNOUNCEMENTS Mayor Droste reviewed future regularly scheduled meetings. Mayor Droste reminded the audience of the Haunted Trail on Saturday, October 29, 6 p.m. to 8 p.m. Mayor Droste moved to adjourn the meeting at 9:38 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -43. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 26, 2005 Pursuant to due call and notice thereof, a Special Work Session of the City Council was held on Wednesday, October 26, 2005. Council Member Kim Shoe- Corrigan called the meeting to order at 6:34 p.m. with Council Members DeBettignies and Baxter present. Mayor Droste and Council Member Sterner arrived shortly thereafter. Also in attendance were City Administrator Verbmgge, Assistant City Administrator Weitzel, Community Development Director Lindquist, Parks and Recreation Director Schultz, Finance Director May Fire Chief Aker, Police Chief Kalstabakken, Communications Coordinator Cox and Recording Secretary Domeier. DISCUSSION: 2006 Budget Mt. Verbrugge opened the discussion by inviting any questions on the budget memo highlighting changes from the last meeting. Mr. Baxter questioned what was new with the budget. \Ir. Verbrugge reviewed the changes in the fiscal disparities information. Mr. May stated the TIF number changed slightly as well. Mr. May also added that the Truth in Taxation number is new from the county. The result of these adjustments is that the preliminary- levy has been reduced by $268.200 from the original levy in die early part of September. The adjusted tax rate is 0.441261, or a 4.15°') decrease from the 2005 rate. Rosemount's tax rate is second by comparison to other cities in the Dakota County. Mr. Verbrugge stated that the City's utilities are going up 25 from this year to next year. Mr. DeBettignies questioned the decrease from October 12t to date. Mr. May pointed out that the original numbers were the preliminary levy and the new numbers reflect the changes to the budget on September 28 Mr. May stated the Truth in Taxation numbers will be out during the first part of November and explained the numbers in Attachment 2. Mr. Cox will be communicating to the public regarding the Truth in Taxation information. Mr. Verbrugge added that in tracking the year to date budget, the City is at 67 °'0 of the original budgeted figures through the end of September. Mr. May added the forecasted year -end revenues exceed expenditures by $300,000. Mr. Verbrugge pointed out that the average increase of the average home values in Rosemount is at about 9 °'0. About 40 0 -'0 of Rosemount residents will see a valuation increase of 12 15°6 driven by the limited market value statute. Mr. May stated its not just older homes seeing the increase. Most of the homes with the increase are in the approximately seven, eight to 15 years old range. Mr. Verbrugge informed the Council that at the next budget meeting there will be a comparison in home values and the City's tax change with the valuation added in so the Council can see the true dollar figures. Mayor Droste joined the meeting. Fire Department Mr. Aker stated there are not significant changes and some of the categories are up due to the cycles. The only increases include the annual fire relief contribution (an automatic 3%) and the other increase is in the salary category. For the first time since 1995 there is an adjustment in the salaries of fire officers. Mt. Verbrugge asked for any questions. 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 26, 2005 Ms. Shoe Corrigan questioned why the City pays for the hepatitis shots and if individual's insurance should be covering the shots. Mr. Aker responded that the City is required to offer the series to the fire fighters. Fire fighters have the choice to receive the shot. Mr. DeBettignies noted the salary adjustments. Mr. Verbrugge stated the only position affected by the 3% salary zdjustment consideration is the Fire Marshal position. The addition to the officer salary is the other increase shown. Mr. Verbrugge added that while looking at the options for Fire Station No. 2, some items are being pulled out of construction costs and placed in line items as part of the general budget. Ms. Shoe Corrigan commented that flu shots should be offered to fire fighters. Ms. Weitzel clarified that flu shots are offered only to City employees that are covered under the City's health plan. There were no further comments on the Fire Department budget. Parks and Recreation Mr. Schultz highlighted his budget items and noted the increases in salary and benefit related items. Staff is requesting $3,000 for the part -time horticulnualisr that was hired last summer and paid from other funds. This person maintained the downtown planters, landscaping at City Hall and Central Park The seniors have requested a Senior Coordinator be hired. Mr. Schultz reported that staff has tracked their time with the seniors on a monthly basis. A Recreation Supervisor spends an average of 1142 hours per month assisting the seniors. The seniors have requested 20 hours a week from staff, but at this time staff will plan to pick up the slack where they can but will not be able to dedicate 20 hours a week to the seniors. Mr. Baxter questioned if the high school group can help with the seniors. Mr. Schultz stated there are some activities where the high school students help out. hlr. DeBettignies questioned why the seniors are no longer funded through community education. Mr. Schultz stated there were financing issues and seniors were gaining their own independence. Mr. DeBettignies questioned if Flint Hills Resources can offer any funding to the seniors. The Mayor commented that Flint Hills Resources is hugely involved in youth programs through the Science Museum. Mr. Schultz stated the seniors themselves are active in their own fundraising. The Mayor noted that with three senior housing units the seniors enjoy internal functions where they live. The Parks and Recreation staff has marketed the private senior units but there hasn't been much of an increase in participation from those units. Mr. DeBettignies inquired about funding for the City Newsletter. Mr. Schultz stated that about 75% of the newsletter is funded by the Parks and Recreation Department. Mr. DeBettignies also questioned what the use of the Yellow Pages is intended for. Mr. Schultz stated community center rentals generally come from the yellow page ads. Mayor Droste stated the new park signs look great and he believes the signs should get moved up and be installed next year. Mr. Verbrugge stated the 2007 CIP signs could be accelerated and be installed next year. The Council was all in agreement. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 26, 2005 Ms. Shoe Corrigan questioned if the lights will be moved in the redevelopment of the downtown and requested electrical sources in the lights for the hanging baskets. The City Council was in accord with the addition of the part -time horticulturalist. Community Development Ms. Lindquist highlighted her report and stated a request for a new GIS Technician to staff to service planning and economic development as well as parks and recreation and the police departments. 50% of the salary would come from utility operating funds and the other 50% would come from the general fund. The City currently has a part -time GIS person who works at an hourly rate with no benefits. Mr. Verbrugge noted there is a $15,000 impact on the general fund. Mr. Baxter questioned if the position is full or part-time. Ms. Lindquist noted it will be full-time with an approximate salary and benefit total of $60,000 for the position. Ms. Lindquist stated a formal application process would take place for this position. Mr. DeBettignies questioned if $60,000 is the median for a GIS Tech. nit. Verbrugge noted that number is based on Stanton reports and calculation of benefits. A more thorough review of the salary and benefits would take place when the position is approved. Mr. May stated a new position is usually budgeted at family coverage. Mr. DeBettignies thanked Ms. Lindquist for the detailed memo. Ms. Lindquist went over the revenues with the Council Members based on average values this year without lots. Ms. Lindquist also handed out the lot survey updated to date. Mayor Droste asked if some numbers could be worked out projecting the years 2007 and 2008. Ms. Lindquist responded that 2008 projects would require approvals in 2006. Mr. Verbrugge also added that Minea or Arcon would have to apply by the end of 2005 or the beginning of 2006 to begin working on utilities and infrastructure that may allow building permits to start being issued at the best case near the end of 2006. Ms. Lindquist stated that the Minea and McMenomy parcels need the Arcon project to develop first. There were no further comments regarding the Community Development Budget. Council Member Sterner joined the meeting. Police Department Mr. Kalstabakken stated the changes in the budget were generally for salaries and benefits. Other line items remained essentially unchanged. In training, subcategories were added to be more precise in tracking how the money is spent and this has resulted in the history on some categories to appear skewed due to the changes. Ms. Shoe Corrigan asked the number of officers being added. Mr. Kalstabakken noted two officers would be added. For staffing the changes are made to provide for a continued high service level. The amount of Rtaffing is based upon population growth and the numbers and /or types of calls received. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 26, 2005 The vehicle rotation and purchase time is generally 3 years and 100,000+ miles. Once cars hit 75,000 miles range, there tend to be more transmission and anti -lock brake problems. The cars go for about $3,500 at auction. One car is up for rotation this year but the car is running well and has lower mileage. There is no need to replace the car until 2006. The CFP can be reduced by one squad car by delaying the purchase of another squad schedule for '06 replacement to '07. Ms. Shoe Corrigan asked when the new logo will be painted on the cars. Mr. Kalstabakken stated the logo is not planned to be placed on squad cars. The feeling is that squads need to be clearly marked and distinguishable as police vehicles. Mayor Droste questioned the staffing and stated the City was always one officer per 1,000. Mayor Droste also questioned if the three civil employees were full -time. Mr. Kalstabakken responded the three full -time civilian positions include two secretaries and one receptionist. There is also a part time secretary but with more efficiency in technology and the transcription process, such as the ability to transfer cases electronically, her hours have declined. Mayor Droste questioned if the change of housing has caused less policing. Mr. Kalstabakken commented that they don't receive many calls, for example, at Bards Crossing or the Wachter Condos. It is harder to predict the amount of the calls that would take place at a single family home area. Typically, there tends to be more calls at townhomes because of the shared walls and entrance ways but this is only a generalization and is not true in all developments. Mr. Verbrugge noted that in terms of coverage areas, Farmington has 21 officers covering 12 square miles whereas Rosemount has two fewer officers covering almost three times as much area. Mayor Droste asked if the police cover the university area and Flint Hills property. Mr. Kalstabakken responded that they do cover the university area and do receive quite a few calls to the area, particularly dumping of garbage and household items. There are also several businesses on the U property which receive patrol services. The City does receive calls from the Flint Hills security firm People tend to go to the east side of Highway 52 not knowing the property belongs to Flint Hills. This is in addition to the calls to Flint Hills main property. Although both the University and FHR are large open areas, the police department does patrol the roads on and around the properties just as other agricultural areas of the community are provided sen-ice. Ms. Shoe Corrigan inquired if Mr. Kalstabakken drives a squad car home or if there has been any issues with not having a squad car at home. A police car in a neighborhood could serve as a deterrent. Mr. Kalstabakken stated he does not drive a squad car home and that most officers do not live within the Cite. Mr. Kalstabakken stated there are really two issues when discussing take home squads. One is as a benefit, winch is a separate discussion from the budget discussion at this meeting The second is the necessity of having a squad to respond directly to a scene from a home. This does not occur often and the delay to retrieve a squad from the station is not a problem. Mr. Baxter stated the City should save the $23,000 with the retaining of one squad and get the police force staffed at one officer per every 1,000 in population. Mr. Baxter reminded the Council that according to the City Survey, 97% of the residents were happy with the police services and being visible is critical to crime prevention. Mayot Droste stated he concurred with Mr. Baxter's 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 26, 2005 comments in relation to saving the $23,000 on a squad car and his desire to move forward with the staffing. Council asked Staff to firm up the number for population. Mr. Verbrugge responded that the City doesn't assume a vacancy rate. The number used for calculation is the same per household figure used by the Metropolitan Council. Mr. Sterner asked Staff to check if the City's estimate is similar to ISD 196's estimate. Mr. DeBettignies questioned how many hours the Community Service Officers are working per week and why there is a 16% increase in pay. Mr. Kalstabakken responded that the two CSO position work a total of 50 hours a week combined, each working approximately 25 hours per week. Mr. May added that the new budget gave the Community Service Officers' their raises now and that with the step system; their increases will max out in two years. Mr. Kalstabakken wrapped up his presentation by relating comments from the Police Reservists wishing to receive a minimal stipend at the end of the year for the driving they do for their position and volunteering of their time to the program. The Police Reservists are supplied with a uniform and do not receive any other compensation. The proposed earnings would be approximately $1.00 per hour per officer if all goals are met by the reserves. The City would be looking at spending about $120 per reservist. The Council found no problems with spending the $1,500 (or less) on this great group of people. Ms. Weitzel noted there may be some legal issues that will need to be ironed out. Mayor Droste asked staff to pursue any legal issues and to make the benefit for Police Reservists happen if possible. Mr. Verbrugge summarized the Police budget review by stating one squad vehicle will be pulled out of the CIP, rwo officers will be pursued in 2006, and that staff will work on a stipend for the Police Reservists. Finance Department Mr. May stated the Finance Department is looking to add a part -time position to help with the utility billing aspects of the department based on the volume of work and additional reporting responsibilities. The number of customers has increased, turning out 5,500 water bills four times a year. The new plan is to split the amount and mail a third each month to cycle and stagger quarterly. 'The plan will stabilize the amount of work and should require less assistance from other staff to help out. The amount of work for the Accounts Payable Clerk has increased which has made it harder for her to cover and help the Deputy Registrar. The volume of work has increased for the Deputy Registrar as well. Recent discussions have included allowing credit card purchases at City Hall as another way to pay for building permits and utility bills. It is against Stare Statute for the Deputy Registrar to be paid by credit card. Computer support services are provided by a consulting company on Monday and Thursday mornings to address all outstanding issues. While it may not be the most efficient use of IT Services, the City is able to save significantly, therefore it is not recommended to do things differently at this time. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 26, 2005 The industry average for purchasing computers is to replace computers every two to five years. Most of our computers are four tears old when replaced. The purchases are effectively managed and maximize employee productivity. Mr. DeBetdgnies asked about the $11,200 annual payments being made to Microsoft. Mr. May responded that Microsoft has a program where all computers would have Office 2003 and is good for a six year contract. Mr. May informed the Council that the six year contact also allows us to receive free Office upgrades for all computers during that time. Mr. Sterner inquired as to how much work is done in house on the computers. Mr. May stated he does the back -ups and works with the software. The GIS Coordinator takes care of his own files. As pointed out earlier by Ms. Lindquist, the GIS Tech position would have the knowledge to do software work. Mayor Droste stated he would like to know the cost associated with switching over to outsourcing the utility billing. By next year, what would be the cost to mechanize such a system versus having to build up the amount of staff to utilize the current process. Mr. Baxter added that if it is taking 5 employees to process the bills it would make more sense to have an electronic payment option for residents. Mr. May stated 10 -12% of the residents use the direct pay option. Mr. DeBetrignies questioned if the computers were owned or leased. Mr. May replied that the computers axe owned and are rotated based upon usage. Mr. Sterner inquired if the network support should be bid out or if the City is comfortable with their vendor. Mr. May stated the City has used the same vendor for 7 -8 years and the service is not required to go out for bids. Mr. Verbrugge asked if Council had any further questions for Mr. May. There were no further questions. Updates Mr. Verbrugge reviewed the schedule with the Council The dates included November 9 as the regular work session, November 16th for the budget work session and November 30 is the tentative work session if necessary to attend to any issues before adopting the final budget. Mr. Verbrugge updated the Council on the Fire Station No. 2 project. Mayor Droste suggested using the $30,000 designated for the facilities report towards Fire Station No. 2. Mr. Baxter stated the need to know what we need for office space in five years. Mr. Verbrugge suggested leaving the $30,000 for the Space Needs Study and if the City runs into issues with the fie station then the money can be transferred. Mr. Baxter commented that the Schwarz Pond park sign looked nice and suggested replacing the entrance sign to the City. Discussion was held regarding sign ordinances. Mr. Verbrugge noted that one of Ms. Lindquist's goals is to update the sign ordinance. Ms. Shoe Corrigan thanked Mr. Cox for forwarding banner and flag information to the schooL Mr. Verbrugge noted he would like to address banner issues at a future work session. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION OCTOBER 26, 2005 Mayor Droste stated the CAC is looking for three members from the City of Rosemount to serve on the council. The AMM /LMC joint meeting is November 27t There being no further business to come before this Council, the Special Work Session was adjourned at 9:21 p.m. Respectfully Submitted, Amy Domeier Recording Secretary CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, November 1, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Sterner, Baxter, and DeBettignies attending. Staff members present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, City ientink, Communications Coordinator Cox, and Police Chief Kalstabakken. The Pledge of Allegiance was said. City Administrator Verbrugge presented additional information for agenda items 6.i. Rosemount Industrial PUD Final Development Plant, providing an agreement revised by the City Attorney; and donation information for item 6. j. Charitable Gambling Permits. Nlr. Verbrugge requested an Executive Closed Session to discuss negotiations for an assessment appeal by Car Nav 5. Mayor Droste accepted the additional information and added the Executive Closed Session to the agenda. Motion by Mayor Droste. Second by Shoe Corrigan. Motion to adopt the agenda with additional information for Item 6.i. and Item 6. j. and add an Executive Closed Session. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 RESPONSE TO PUBLIC COMMENT City Administrator Verbrugge presented a community education brochure for residents in the Danville Avenue area which was designed to encourage traffic safenv. Residents should receive the brochure by mail in the next week. CONSENT AGENDA Mayor Droste requested discussion on Item 6.j. Charitable Gambling Permits and Council Member Sterner requested discussion on Item 6.a. Minutes of October 18, 2005 Regular City Council Meeting. Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda with the exception of Item. 6.a. and 6.j. Tabled b. Minutes of July 13, 2005 Council Work Session c. Minutes of September 6, 2005 Council Special Meeting /Planning Com. Inten-iews d. Minutes of September 14, 2005 Council Work Session e. Minutes of September 28, 2005 Special Council \k'ork Session f. Bills Listing g. Final Grade Ordinance, Second Reading h. C3, Highway Commercial and C4, General Commercial Zoning Text Amendment, Second Reading 05 -25 -TA 1 1 i. Rosemount Industrial PUD Final Development Plan 05- 42 -PUD, Attorney revised agreement j. Cl.asttaLlc Gat..btin Pc..LIit f r SL nani M, Di, ot's, and VFW Tabled k. Decline Surplus Equipment 1. Receive Donation for Administration Department m. Receive Donation for Police Equipment Fund and Approve Expenditure of Funds n. Receive Bids, Award and Reject Contracts for City Hall Remodeling Project o. Receive Bids and Award Excavation and Site Utilities Contract for Fire Station II Project Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 6.a. Minutes of October 18, 2005 Regular City Council Meeting Council Member Sterner requested more of the substance of the discussion on the Danville Avenue traffic concerns to be included in the final minutes. Cinv Administrator Verbrugge stated that City Clerk Jentink will review the audio rapes of the meeting and make those additions to the minutes for consideration at the next Council meeting. No action was taken. 6.j. Charitable Gambling Permit for Shenanigans, McDivot's, and VFW Mayor Droste stated he wished to better understand what responsibilities the city has and what benefit there is to the community regarding charitable gambling donations. Mr. Droste pointed out the organization requesting a charitable gambling premises permit is from Burnsville and it appears that many of the donations do not directly benefit Rosemount. Mr. Droste noted the Rosemount ordinance states 80 °0 of the donations must be spent in Rosemount and the contiguous communities. Mr. Verbrugge reported Ciny Attorney LeFevere advised him that the trade area is defined by state law and cannot be revised. Mayor Droste inquired what amount is spent within the cin Mr. Verbrugge noted the City Code provides that organizations permitted to conduct lawful gambling within the city shall submit an annual report to the city clerk and provide copies of the organization's annual audit, schedule reporting forms, and additional records and information as the clerk shall deem necessary. The reports should show where and to whom the funds are dispersed. The donations receive classification types that describe the recipient of a donation. The City can request additional disbursement detail. Iyxr. Droste preferred that money did not leave the City. Mr. Droste asked what responsibility the City has toward regulating pull tabs. City Attorney LeFevere stated that the State Gambling Control Board is the regulatory agency that has taken a greater and greater role in regulation and has limited the cities ability to regulate. Mr. Droste asked if the city could have stronger control. Mr. LeFevere replied that the City can tequue that proceeds from gambling be spent within the trade area and some communities have limited the issuance of permits only to local organizations. Mr. LeFevere stated this is not a guarantee that the money will be spent in the City, but it is more likely that those organizations will be more aware of the needs within the city. Also, limits can be placed on the number of permits that one organization can have in the city to prevent a monopoly from happening. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 Ms. Shoe Corrigan requested more information about where the money is spent. Mr. DeBettignies stated the reports are public information and available upon request. Mr. DeBettignies pointed out that the classification code used by Baseball Association #191 for the high school donation May be incorrect. Mr. Verbrugge stated local liquor establishments are required by Section 3 -7 -5 of the City Code to notice local organizations when a change is made to their gambling permit. Mr. Droste requested records of donations from the last two years from Baseball Association #191 and the prior year from the Jaycees. bis. Shoe Corrigan requested detail of the types of donations made by the previous organization stating that some of the past donation recipients no longer received funds from pull-tabs. Motion by Mayor Droste. Second by Mr. Sterner. Motion to table Item 61. Charitable Gambling Permit for Shenanigans, McDivot's and VFW to solicit more information on disbursements. Ayes: 5. Nays: 0. Motion carried. NEW BUSINESS a. Off -Sale Intoxicating Liquor Licenses Ordinance Amendment, First Reading City Administrator Verbrugge reviewed the first reading of an ordinance amending the limit of off sale liquor licenses, which is now at two licenses based on the population ratio of one off -sale license to 6,500 residents. The population count is received from Metropolitan Council in May each year. Mr. Verbrugge proposed adding two additional licenses, totaling four available licenses until June 30, 2007 after which time there would be no limit. The proposed amendment wording was as follows: Section 3 L. 2. Four (4) off sale intoxicating liquor licenses may be issued prior to June 30, 2007. On or after June 30, 2007, there shall be no limit on the number of off intoxicating liquor licenses. Council Member DeBettignies proposed that the number of licenses not change and a sunset clause for removing the limit be set for July 1, 2006. Council Member Baxter recalled from the past work session a compromise was reached to change from two to four licenses with a transition period of about one year. Mr. Baxter preferred to phase into the open market with no limits on off -sale intoxicating liquor licenses on Jarman- 1, 2007. Council Member Sterner supported a distance separation of 2000 feet and stated he would agree to the staff proposal for the sunset date of June 30, 2007. Mayor Droste stated he was not in favor of a distance separator. Mr. Droste believed this created a dilemma by using a random number of feet to determine business locations. Mr. Verbrugge confirmed that the two current off -sale liquor stores are about 2100 feet apart. The sites at CR 42 and Highway 3 and 145-" Street and Highway 3 are also more than 2000 feet apart. NIr. Verbrugge was concerned that the separation would prevent a liquor store from developing in any other pan of 3 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 the downtown area. Mr. Droste noted that on the liquor license survey provided by staff there were twelve cities that did not use a separation distance and only two that had in the past used that method of separation. Mr. DeBettignies did not want to regulate distance between retail businesses. Mr. DeBettignies stated the market should drive locations. He noted he preferred keeping the separation of a minimum of 300 feet between liquor establishments and churches and schools. Mr. DeBettignies supported changing to unlimited off -sale licenses on July 1, 2006. Council Member Shoe Corrigan recalled, in the past, there was a need to protect the diversity of businesses in town. Now the City has completed the market studies, made decisions on downtown development, and the 42!52 Corridor study is complete. Ms. Shoe- Corrigan commented that the goal was to buy time while those larger goals were met. She stated the City now has increasing commercial space available and now is the time to take away the off -sale liquor store limits and allow the free market to drive the tpes of businesses that come into town. Ms. Shoe Corrigan supported Mr. DeBettignies' proposal with the sunset date of July 1, 2006. She stated she would not support a separation distance. Ms. Shoe- Corrigan stated the City should let the open market and business owners determine their own business decisions. She stated it was the Council's goal to increase opportunities for businesses coming to Rosemount in a reasonable manner. Mr. Sterner pointed out that alcohol is a substance that can and has been controlled and should be controlled. Mr. Sterner commented that the City- has not gained retail diversity vet. He stated there is duplication of same type businesses now, which causes additional competition. Mr. Sterner believed that the separation distance would support diversity with the limited commercial area available. Mr. Droste pointed out that Inver Grove Heights and Chaska recently added a specialty wine store and both cities have populations similar to Rosemount. He recalled a request was entertained by Council in 2002 for an additional liquor store and the City decided to wait at that time. Mr. Droste supported the July 1, 2006, sunset date. Mr. DeBettignies expressed he is not a proponent for liquor sales and does not condone the use of alcohol. Ms. Shoe Corrigan stated she would be in favor of lifting the limit restriction immediately with a compromise on the date to July 1, 2006. However, she would not support the January 1, 2007, sunset date. Mr. Verbrugge and City Attorney LeFevere revised the wording of the proposed amendment. Mr. LeFevere suggested keeping the existing paragraph with the population restriction and using July 1, 2006, for the sunset date. Mr. Baxter and Mr. Sterner were opposed stating they would like to see a sunset date of January 1, 2007. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 Discussion was held on when the license could be issued. Mr. Verbrugge explained staff could accept an application and conduct a review prior to the effective date and then issue the license on the effective date. Mr. Verbrugge anticipated nvo differing approaches for managing applicants: 1) direct staff not to accept applicants until the effective date; or, 2) direct staff to proceed with review of applicants prior to the effect date and approve the applicant on the date the ordinance is effective. Mr. Droste pointed out that the goal of Council is to promote business and clearly by this decision, Council would be limiting businesses from corning in. Mr. Droste did not believe City Council should be in the role of picking and choosing businesses for Rosemount. He commented that the selection process may create a situation where not all parties are pleased. hlr. DeBettignies stated he did not want to end up selecting businesses. Mr. Baxter stated he was in agreement with the fact that we should transition to an open market place. His question was how to handle the transition and what would be a reasonable length of time. Mr. Baxter stated he did not object to adding two off -sale liquor licenses. Mr. Verbrugge requested direction from City Council on selection of multiple applicants and the selection process. City staff has received contact from five to seven parties interested in off -sale liquor businesses. Mr. Verbrugge suggested staff can put some criteria together to determine selection for City Council to review. Mayor Droste opened the meeting for audience input. Todd Johnson, Vice President of Steiner Development, noted that three council members appeared to be in favor of protecting existing businesses. Mt. Johnson noted that he would expect that City Council should protect the community and encourage diversifying the tax base by bringing more commercial development to town. Mr. Johnson stated that Rosemount Crossing's rental space is now 69 °0 leased. He reported he should be able to maintain a lease agreement with MGM Liquor even with a delay to July 1, 2006. Mr. Johnson had concerns if the delay would be longer than July 1, 2006. Mr. Johnson believed it would benefit the prosperity of Rosemount to have this highly visible corner be successful. He encouraged the City Council to do what is best for the entire community and open the off -sale liquor license limit to the free market. Sean Shoemacher, 16900 Fairhaven, Lakeville, a partner of Rosemount Liquor Mart, thanked the City Council members for their consideration to the sensitivity of their business situation. He noted he was aware of this ordinance limitation when their business plan was developed. Mr. Shoemacher was aware that MGM had discussions with the past owner of Rosemount Liquors and MGM decided not to purchase the Rosemount Liquor Alan location. He pointed out that replacing one liquor score for another does not benefit the community. Mr. Shoemacher did not believe that a third store in Rosemount would bring lower prices or more variety. Charles Christ, 1330 Hubbard Avenue, St. Paul, a partner of Rosemount Liquor Mart, wished to comment on the expectation of lower retail prices with additional stores. He did a cost study by purchasing the same items at his store, Shenanigans, and MGM in Eagan. Mr. Christ presented receipts showing that Rosemount Liquor Mart had the lowest prices. He also believed that 5 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 additional stores may actually raise the prices and that the community would not be better served by having more liquor stores. Mayor Droste summarized three alternatives to the ordinance amendment: 1) leave as is; 2) add two licenses and open the market July 1, 2006; or 3) open the market January 1, 2007. Mr. Sterner stated he would prefer option 1) or option 3). Mr. Verbrugge pointed out that staff was not proposing to keep the population limit. Mr. Verbrugge also noted that Police Chief Kalstabakken had located a provision in the Minnesota State Statutes that cities of the first class are restricted to one store per population of 5,000 for off -sale liquor licenses. If Council adopts the staff proposal this per capita is approximately the same as the market currently in Rosemount. Mr.Verbrugge reiterated that staff can live with any of the options. Mr. LeFevere commented that the most common way to select a business, if multiple applications are received, is by lot or coin flip. He noted this eliminates value judgements and would seem appropriate in this situation. 1`Ir. Droste stated he would like to review the selection criteria data before making a decision to use that method of selection. Mr. DeBettignies stated he would not support a coin flip because it is an immeasurable risk to business developers. Mr. Baxter clarified he would like to offer protection from having the market flooded with off sale liquor stores and he would support the ordinance as drafted. Mr. DeBettignies would not support opening up the market immediately. Ms. Shoe Corrigan stated she would support the July 1, 2006, revision. 1vIr. Sterner inquired if Council would consider a dual approach where four liquor stores would be allowed by July 1, 2006 and then open the market up January 1, 2007. Mr. DeBettignies was firm about not wanting to be in the business of regulating businesses and stated he would not favor a complex amendment. Mr. Droste indicated he favored the July 1, 2006, revision. Mayor Droste called for a motion to direct staff. Motion by Stemer. Second by Baxter. Motion to allow four off -sale intoxicating liquor licenses to be issued prior to June 30, 2007. On or after June 30, 2007, there shall be no limit on the number of off -sale intoxicating liquor licenses Ayes: Sterner, Baxter. Nays: DeBettignies, Shoe Corrigan, Droste. Motion failed. Motion by DeBettignies. Second by Shoe Corrigan. L. Apportionment of Intoxicating Liquor Licenses. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 Motion to direct staff to draft the following ordinance amendment for a second reading on November 15, 2005: 2. Off -sale intoxicating liquor licenses may be issued dependent on the population of the City of Rosemount. One off -sale liquor license may be issued for each six thousand five- hundred (6,500) of city population attained, as determined by the most recent Metropolitan Council population estimates. On July 1, 2006, there shall be no limit on the number of off -sale intoxicating liquor licenses. Ayes: DeBettignies, Shoe Corrigan, Droste. Nays: Sterner, Baxter. Motion carried. Mr. Verbrugge announced the second reading would be November 15, 2005. b. Adoption of Comprehensive Water System Plan City Engineer Brotzler reviewed the Comprehensive Water System Plan Preparation for the plan began in Jarman?, 2004. The Plan was completed after the recent adoption of the 42 Land Use Plan. Mr. Brotzler noted the following information regarding the Rosemount water system: Average day water demand is 2.0 million gallons demand (MGD) Peak day water demand is 5.6 NIGD Municipal water system includes seven wells with total capacity of 6,600 gpm Three existing elevated storage tanks provide 2,000,000 gallons storage capacity Water treatment includes addition of chlorine, fluoride and polyphosphate at wells Existing estimated population of Rosemount is 20,501 The table provided showed the future projected water system and what the peak day and average day water demands will be in five -year increments to year 2025. Three new well fields are proposed that will include up to 20 additional wells to meet projected ultimate demand. The total projected future water storage needed for ultimate conditions is 13,000,000 gallons. The plan also evaluates the options for future water treatment facilities to correct any smell, taste or color conditions. Mayor Droste inquired how staff knows that the water quality is safe. Mr. Brotzler reviewed the water sampling tests that are reported to the Department of Health. The Department of Health has strict requirements to insure the primary drinlcing water standards are adhered to. Mayor Droste pointed out that with growth city systems can have aesthetic problems with the water supply such as odors, discoloration, and taste. Mr. Brotzler reported most water quality issues are in newly developed areas designed to carry larger flows than are being utilized currently. Mr. Brotzler noted when growing communities reach populations of 25,000 to 30,000 they often find water treatment facilities are needed. Mr. Brotzler reported Rosemount's water is received from the Jordan Aquifer. Mr. Brotzler stated that Barr Engineering, which specializes in ground water modeling, projected demands for the Jordan Aquifer and found the water supply source adequate for future generations. 7 1 1 Each year a Consumer Confidence Report is mailed to all residents reporting Department of Health evaluations on Rosemount's water quality. Motion by Sterner. Second by DeBettignies. Motion to adopt a resolution adopting the Comprehensive Water Supply Plan. Ayes: 5. Nays: 0. Motion carried. ANNOUNCEMENTS City Administrator Verbrugge reported two recent deaths in the community. The husband of LaDonna Boyd passed away. Ms. Boyd participates in Dakota Futures and is an economic development partner with City Staff and City Council. Mr. Verbrugge also noted Rick Kelley, the Community Development Director of the City of Apple Valley also passed away from cancer. Mr. Keller had a tremendous record of public service. Ciry Council and City Staff expressed their condolences to these families and co- workers. Mayor Droste reviewed future regularly scheduled meetings. Mayor Droste reminded the audience of the Downtown Businesses meeting on Wednesday, November 2, 2005 at 6:00 p.m. to 7:30 p.m. at City Hall. The Planning Commission work session on November 8 was canceled. I.S.D. 196 will hold its school board election on November 8 with voting available 7 a.m. to 8 p.m. The City Hall is closed on Friday, November 11, in honor of Veteran's Day. Mayor Droste moved to adjourn to an Executive Closed Session for negotiation of a special assessment appeal. City Attorney LeFevere further explained recent case law suggests that the minutes reflect the reason for a closed session. Mr. LeFevere stated staff is recommending an Executive Closed Session for discussion of the Car Nay 5 Special Assessment Appeal. It is pending litigation scheduled for trial later this month. Mr. LeFevere requested open, candid discussion of the settlement proposal, looking at strengths and weaknesses of the case. Mr. LeFevere stated the litigation will be the only topic discussed and an open meeting could reveal information that would be advantageous to the opposing side. Mr. LeFevere noted that highway project costs that are not paid for by this special assessment would be paid for by the taxpayers or some other form. Mr. LeFevere proposed that a motion may result that would require consideration at the reconvened regular meeting. Motion by DeBettignies. Second by Baxter. Motion to move the City Council meeting to a closed session. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 1 The City Council Agenda Packet is Clerk's File 2005 -45. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 1, 2005 Mayor Droste moved the Executive Closed Session to the conference room at 9:05 p.m. The regular meeting was reconvened at 9:50 p.m. Motion by Droste. Second by DeBettignies. Motion to settle the Special Assessment Appeal by Car Nav 5 in the amount of $115,000. Ayes: 5. Nays: 0. Motion carried. Mavor Droste moved to adjourn the meeting at 9:52 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION NOVEMBER 9, 2005 Pursuant to due call and notice thereof a City Council Special Work Session was held on Wednesday, November 9, 21105 at 6:38 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Shoe Corrigan, and Sterner present. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Clerk Jentink, Finance Director Nlay, Fire Chief Aker, Parks and Recreation Director Schultz, and Communications Coordinator Cox. Consultant Scott Mohs from AMCON also attended DISCUSSION a. Fire Station II Assistant City Administrator Weitzel reported the Fire Station II project construction costs were approximately $400,000 over budget. Ms. Weitzel stated that staff met with Construction Managers Todd Christopherson and Scott Mohs from AMCON and Architect Mark Vetter to discuss ways to reduce the hard construction costs of the project. The meeting produced 41 potential changes to save money and after architectural review, 17 changes were recomnnended. Ms. Weitzel presented a revised schedule to proceed with the project. Council is asked to consider rejecting project bids at the regular November 15 Council meeting. Ms. Weitzel noted the bid opening for die remainder of the project would be on January 26, 2006. Construction Consultant Mohs reviewed the list of 17 items selected for cost savings which would least affect the overall aesthetics and quality of the facility as follows: 1. General winter conditions (heating cost during construction). $25,000 2. Concrete and masonry winter conditions (heating and covering) $50,000 3. Change bituminous base (recycled concrete in lieu of limestone) 2,500 4. Change highland sod to peat sod 2,000 5. Change linoleum to VCT 7,500 6. Change metal panel, screen wall and metal roof manufacturer $30,000 7. Change rock -face block pattern on north and west sides of building 7,500 8. Eliminate sunshades over exterior windows $20,000 9. Eliminate window treatments, blinds (added $6,000 into FFE $25,000 10. Change coiling fire door to galvanized metal; it is out of view 1,000 11. Change counters and window sills to plastic laminate and cultured marble $10,000 12. Eliminate part of screen wall 1,500 13. Eliminate flag pole on bid; would be installed by staff 4, 000 14. Change ceiling tile manufacturer 3,000 15. 4' high file in bathrooms and locker rooms in lieu of tile to ceiling 8,000 16. Alternative lighting package $10,000 17. Change generator equipment by removing noise reduction package $10,000 *FFE Furniture, Fixtures Equipment Total Savings $217,000 Mr. Baxter inquired why some of these lesser priced items were not recommended with the original bid. Mr. Mohs responded that with multiple specifications working with matching product and color schemes is simplified with the same vendor. He noted that substitutions are often suggested by the bidder which requires a check process to assure the product is a match. Mr. Aker acknowledged that Fire Station No. I has many of these recommended products and they have held up nicely. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION NOVEMBER 9, 2005 Mr. Baxter expressed disappointment with the rejected bid results. Mr. Verbrugge noted that a fast track approach was taken only allowing AMCON one week to prepare the bid package in order to avoid negative legislation on financing issues. Mr. Stemet stated he did not agree with all of the recommendations. He requested reconsideration of elimination of the sunshades over the exterior windows because it changes the appearance. Ms. Weitzel reported that the site grade on the west side of Fire Station II was steeper than expected and may require some excavating and landscaping. This is complicated by a gas line easement in the same area. Ms. Weitzel stated that staff recommends planting a natural prairie grass, buffalo grass, with some additional landscaping after the gas line is trenched in 2007. Mr. Droste noted the furniture, fixtures and equipment items are not in the bid and could be moved to the 2007 budget. Mr. DeBettignies indicated he was still cautious since even with these project savings the bid results were $200,000 over budgeted costs. Mr. Verbrugge affirmed that the Council was comfortable with the majority of recommendations and directed AMCON to redesign the bid package. Ms. Weitzel thanked Council for their input and noted that the new bid package will be examined at the December 14, 2005 Council Work Session and she would recommend a special work session on February 1, 2006, so product can be ordered as soon as possible after the January 26, 2006 bid opening. b. 10 -Year CIP Mr. May explained the proposed 10 -year Capital Improvement Plan (CIP) budgets. Financial agencies recommend the CIP process should be made as realistic as possible. In the early 1990's the City had a budget of $27,000 for all the City's needs. The yearly CIP budgets now expend $7 to $20 million Mr. Verbrugge reported on the rotation of vehicle equipment. Mr. May pointed out that explanations of other hmdnng sources are placed at the bottom of the page for each year. Council requested staff to add footnote numbers in the table to cross reference the funding sources Ms. Shoe- Corrigan inquired about signage such as "Welcome to Rosemount" and parks. Mr. May reported all park signs are in the 2006 budget. Mr. Sterner requested secondary signs for Winds Park playground. Iylr. Schultz stated that main entrance signs are in place and there are plans for smaller signs to bring attention to trail heads or significant areas. NIr. Droste asked what the threshold was for replacing city vehicles. Mr. Verbrugge reported the replacement program considers mileage, condition, mechanic's reports, and age. Mr. May said that typically pickup trucks used for snowplowing are replaced after seven years. He reported some of the vehicles are recycled to the parks or building departments who have short trips within the city. Mr. DeBettignies inquired if it would be practical to consider leasing vehicles. Mr. Verbrugge stated this is not an optimum time with fuel changes and prices variations. Mr. Droste noted this may be a good time to partner with Dakota County for fuel storage tanks. NIr. Sterner suggested working with Flint Hills as well. Mr. Baxter inquired if there are some expenses planned for the railroad tracks on Old CR38 and what it would cost to do it as a `quiet zone.' Mr. Verbrugge stated the rail crossing scheduled in 2006 is on Akron Avenue /CR 73 and the railroad crossing near Harmony only has one or two trains per day. 2 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION NOVEMBER 9, 2005 Mt. May reported that construction is scheduled for 2007. Mr. Baxter questioned why the athletic complex for $6 million could not be moved to 2008. Mr. Verbrugge noted that there may be some opportunities for partnering with another organization and bonding may be considered. Mr. DeBettignies pointed out there are many variables. Mr. Droste noted the City purchased St. Joseph's campus which required funds to be moved. Mr. May noted that if a referendum is considered and passed, that money can be used several years into the future. Mr. Droste stated that St. Joseph's church building can be used by the City at almost anytime. He encouraged the creation of a citizens committee to scope out possible uses. Mr. Schultz confirmed that another congregation has inquired about renting the church for regular use. Mr. Sterner requested information on when a referendum could be scheduled. Mr. Verbrugge and Mr. Droste noted that residents need to be educated on the need for public facilities. Mr. Schultz said the Parks and Recreation Commission is looking into public education for an athletic complex. Cities that held recent referendums were Eden Prairie and Woodbury. Mr. Verbrugge noted the Council's preference for moving some of the item's on the CIP for consideration on November 15. Mr. May confirmed the changes and noted the format of the budget will not include the detail pages in the future. c. Rosemount Interpretive Corridor Trial Plan Mr. Schultz gave an update on the Rosemount Interpretive Corridor Trail Plan which has been in process for two years. A grant was received several years ago to help identify a corridor. The City is working with the organization Friends of the Mississippi River. The first goal is a transportation corridor from Rosemount's downtown area to the Mississippi River where it connects with a regional trail from St. Paul to Hastings. The scenic and educational trail connection will have stop -off areas featuring natural areas, historical information, or highlighting industry and natural systems. Mr. Schultz pointed out three features of the plan. First, he noted that Spring Lake Park is now under utilized by the public and in the new master plan it will be revitalized. Second, the trail has six different areas on the interpretive corridor which will focus on educational information on nature and the Mississippi River. Third, restoration and protection of natural resources will occur along the corridor. This may involve the community and landowners. SIB Environmental was not able to allow the trail through thew property at this time, but may in the future. Mr. Schultz stated the plan will be presented at a public meeting next Monday, November 14, 2005. He noted the trail may take many years to complete, but, Rosemount has the first Conk ready to go and additional links will be added with land dedication funds or easements. The Parks and Recreation Comm scion will make a recommendation to the City Council for consideration this year. NIr. Droste asked about the dual trail system and several connections to the trail. AIr. Schultz reported the trail will also connect with Lebanon Hills regional park and the new regional park in Empire. Mr. Baxter was impressed with the plan document and believed it will be a great asset to the community. Mr. DeBettignies noted that parking areas encourage participants to use trails. He stated a good example is the Cannon River bicycling trail. Mr. Schultz agreed and noted that smaller parking areas will he built into the plan. Mr. Droste noted the new Meadows Park has this style parking area and presents a beautiful view of the meadow just over the bluff. Ms. Shoe- Corrigan agreed this will be a real asset for Rosemount. 1\1r. Droste noted that the community supports open space. Mr. Sterner suggested making it a priority to complete the trail to the river. Mr. Schultz believed that because of the great support of land owners and industry the trail will be completed in a timely manner. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION NOVEMBER 9, 2005 UPDATES Mr. Verbrugge announced a request for a transitory ordinance to allow a segment of gas pipeline for the utility services for Harmony, Harmony 2 and Harmony 3r subdivisions. Mr. Verbrugge explained this is necessanv due to the fact that Xcel Energy does not currently hold a franchise agreernent with the City. Mr. Verbrugge directed this will be on the November 15, 2005, regular City Council agenda for consideration. Mr. Verbrugge noted that the League of Minnesota Cities (LMC) conference will be December 1 to December 3. Mayor Droste and NIr. Verbrugge will be attending. Mr. Baxter announced he will be interviewing for a director position with the LMC. Staff and Council encouraged him with his endeavor. Mr. Verbrugge requested input from Council on the holiday lighting along South Robert Trail. Currently the City places 42 snowflake and snow burst decorations and 50 red banners on the street light poles. Council had requested that ever- street light pole have a decoration and that holiday twinkle lights be placed on the smaller pines planted between CR 42 and the K\WIK Trip Store. Mr. Verbrugge said there are 205 poles and the estimated total cost for additional decorations is $19,000. Mr. Baxter stated this is a marketing issue which will enhance the downtown area and lie supports the expense. This will include the Cub Foods area, downtown area, and west on 145"' Street. Mr. Droste requested as the downtown develops, power outlets should be placed on the street lights and Ms. Shoe Corrigan added that irrigation to the street light poles would also be appreciated for hanging baskets. Mr. Verbrugge requested that Council consider moving the Special Budget Work Session from Wednesday, November 16 to Tuesday, November 15 following the regular meeting. The regular meeting appears to have a short agenda and Mayor Droste indicated he would agree. Mr. Sterner noted he had a band concert to attend during the Port Authority meeting November 15 but would be available for the Special \\'ork Session. Mr. Verbrugge updated Council on a criminal theft from the American Legion by their Commander. He advised an investigation is being conducted. Mr. Verbrugge noted that Todd Franz's car dealership and home across from the Rosemount Community Center has lost his rural residential water service. This may be due to the development of the property directly to the south. This area has new utilities coming next year which is not soon enough to be of help to Mr. Franz. Mr. Verbrugge stated Mr. Franz will likely drill a new well at his own expense. Mr. DeBettignies reported that Maple Grove instituted a moratorium on new residential construction because their population growth is now at Metropolitan Council's estimated 2010 population. Mr. Droste said that the Builders Association stated that land price will likely double durng a moratorium and housing costs will increase. Ms. Shoe Corrigan inquired of Mr. Verbrugge about the water drainage issue with Rosemount High School. Mr. Verbrugge reported he had a meeting with the administration department and felt concerns were addressed. Mr. Verbrugge found it interesting that the school district demographer 4 1 1 1 estimated school population which is population based and over estimated student enrollment by 110 students. Mr. Sterner congratulated the committee and volunteers that handled the Haunted Trail event which had 2,500 participants and suggested honoring them during Volunteer Week. Mr. Droste agreed and directed stiff to draft a thank you letter for everyone involved. Mr. Droste reminded Council that Flint Hills is looking for applicants for the Community Advisory Board. It is seeking three participants from Rosemount. He requested that application packets be made available for Council to distribute. Mayor Droste motioned to adjourn the meeting at 8:43 p.m. The City Council's Agenda Packet is Clerk's File 2005 -46. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION NOVEMBER 9, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 2005 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, November 15, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies, and Shoe-Corrigan attending. Staff members present were City Administrator Verbrugge, City Attorney LeFevere, Assistant City Adnnistrator Weitzel, City Engineer Brotzler, City Clerk Jentink, Communications Coordinator Cox, Police Chief Kalstabakken, Cotm unity Development Director Lindquist, and Parks and Recreation Director Schultz. The Pledge of Allegiance was said. City Administrator Verbrugge requested that Consent Agenda item 6.k. Receive Bids/ Award Contract GlenRose of Rosemount Street Utility Improvements, City Project 397 be pulled. It will be considered at a future meeting. Motion by Mayor Droste. Second by DeBettignies. Motion to adopt the agenda with the removal of Item 6.k. from the Consent Agenda. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by DeBettignies. Second by Sterner. Motion to approve the Consent Agenda with the removal of Item. 6.k. a. Minutes of November 1, 2005 Regular City Council Meeting b. Minutes of October 18, 2005 Regular City Council Meeting c. Minutes of October 26, 2005 Council Work Session d. Minutes of October 12, 2005 Council Work Session e. Minutes of October 4, 2005 Special Work Session f. Bills Listings g. Expenditure Approval from the Donation Account for Parks and Recreation Department h. Accept Tort Liability Insurance Limits i. Payment #5 Final 2005 Pavement Management Project, City Project 392 j. Payment #10 Final Bloomfield 7t' Addition, City Project #384 k. Receive Bid.; /Award C.,nttact C1cnRoa., of Rosemount Stan Utihh Improvements, City Project #397 1. Decorative Fences Text Amendment 05 -46 -TA m. Off- Street Parking and Loading Text Amendment 05 -47 -TA n. 10 -Year Capital Improvement Plan (CIP) Working Program o. Receive and Reject Bids for Rosemount Fire Station II Construction Project p. Resolutions Related to National Incident Management System (NIMS) q. 2006 Waste Abatement Community Funding Application r. Transitory Ordinance Relating to Gas Pipeline 1 Ayes: 5. Nays: 0. Motion carved. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 2005 OLD BUSINESS 7.a. Charitable Gambling Permits for Shenanigans, McDivot's, and VFW City Clerk lentink reviewed the request for three establishments to obtain charitable gambling premises permits for management of pull -tabs. This item had been tabled from the November 1, 2005 City Council meeting. Ciry Administrator \'erbrugge and Mayor Droste met with officials from Baseball Association #191 to satisfy questions regarding donations within the Rosemount trade area. Shenanigan's Pub and McDivot's Sports Pub and Eatery were requesting charitable gambling pull-tabs through Baseball Association 44191. Baseball Association #191 presented schedules and reports that verified 91% of lawful purpose expenditures were made within the City's trade area from the Shenanigans site. The VFW manages then own pull -tabs and verified that it had made 83% of lawful purpose expenditures within the City's trade area. Mr. Baxter inquired about a $32,000 donation listed on reports from Baseball Association #191. Mr. Tom Meyers, Gambling Manager, responded the donation was likely for bleacher improvements in Burnsville and noted the expenditure was not from Rosemount funds. Mr. Meyers explained that the state reporting form combined ten of Baseball Association #191 gambling sites. Mr. Rich VanderLaan, Baseball Association #191 CEO, gave an overview of the early history of the organization. It began in the early 1980's by sponsoring one baseball team. The organization was incorporated as a 501C with the State of Minnesota in the 1990's. Their first pull -tab site began January 1, 1998. Mr. VanderLaan read the organization's mission statement. "We shall provide our youth the opportunity to experience very competitive levels of baseball upon their reaching the age of 16. We shall foster a baseball tradition in our community in cooperation with local athletic clubs and schools. We shall partner with other organizations in our communities to ensure that our youth and other young adults have the best possible chance to learn from team oriented athletic contests and cultivate lifelong skills." Mr. VanderLaan said the Board of Directors is a volunteer board with members from Lakeville, Prior Lake, Savage, and Apple Valley. Mr. Droste asked if there is a reason there are no board members from Rosemount. Mr. \-anderLaan responded Rosemount residents are eligible to he on the Board of Directors. He noted they would be able to run for election to the board. Mr. VanderLaan reported monthly meetings are published in the Sun Current and the ThisWeek newspapers. Mr. Droste directed the public who may have a donation need to make a request by contacting the bar managers or receive the contact information from City Hall. Ms. Shoe Corrigan inquired if the Rosemount edition of the ThisWeek newspaper publishes the Baseball Association #191 meetings. NIr. VanderLaan was unsure and she requested that Mr. VanderLaan check on the possibihty of including the Rosemount area in the meeting notice. DeBettignies reported he had a conversation with Mr. Meyer regarding the reports to the state. Mr. Meyer said he plans to meet with the City Administrator on a quarterly basis. Motion by Mr. DeBettignies. Second by Mr. Baxter. 2 Motion to adopt two resolutions approving Charitable Gambling Premises Permits for Baseball Association #191 at Shenanigans Pub, 14605 South Robert Trail and McDivot's Sports Pub and Eatery, 14550 South Robert Trail; and, the Charitable Gambling Premises Permit for the VFW Post 9433 Rosemount, 2625 120'h Street West. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 2005 b. Off -Sale Intoxicating Liquor Licenses Ordinance Amendment, First Reading City Administrator Verbrugge reviewed the first reading of an ordinance amending the limit of off sale liquor licenses, which provides for two licenses based on the population ratio of one off -sale license to 6,500 residents. The population count is received from Metropolitan Council in May each year. Mr. Verbrugge requested discussion on whether and how the city code should be revised. Staff recommended holding the ordinance as status quo until July 1, 2006 when the off -sale liquor licenses limits would be eliminated. Mr. Verbrugge forecast that there could be illegibility for a third license this spring based on population increases, but staff was not confident of that. Mayor Droste called for discussion by Council and noted he would allow ten minutes for input from business owners. Todd Johnson, Steiner Development, expressed his concern for delaying the increase in off -sale licenses. He reported that two local newspapers had recent articles. This\k'eek had an accurate article, however he believed the Pioneer Press article only portrayed one side of the argument. Mr. Johnson advocated that the City open up the off -sale Liquor licenses and welcome people into the conununity. He indicated he would like to see the Rosemount Crossing retail space filled and he believed it to be the Most important corner in the downtown. Mr. Johnson noted that the price comparison completed by another liquor store showed MGM was more expensive, proving it would not be competitive. Mr. Charles Christ, owner of Rosemount Liquor Mart, stated he was requesting more time to restructure his business loan. Mr. Christ was in favor of opening the market for off -sale liquor license, but within a reasonable tine. Ms. Shoe Corrigan inquired what date was necessary for Mr. Christ's loan restructuring. Mr. Christ replied December 31, 2006, in order to present two years of tax returns required by his bank. Mr. Chris Holste explained he is hopeful to bring an off -sale liquor store to the old Loch Pharmacy building on 145th Street West and Highway 3. Mr. Holste was unaware when public meetings had been held to discuss the date in the proposed ordinance amendment. Mayor Droste explained Council had determined the date of July 1, 2006 at the last regular meeting, November 1. Mr. Holste encouraged Council to consider opening the marker for off -sale liquor licenses Mr. Baxter noted he had a short meeting with owners Mr. Christ and Mr. Schumacher of Rosemount Liquor Mart and concluded moving the no -limit date to January 1, 2007 would best serve Rosemount. Mr. Baxter noted the Rosemount Liquor Mart deserved additional time in order to restructure debt based on city regulations in 2004. Mr. Baxter wished to show off -sale liquor 3 store owners consideration to diversify their product line and change their portfolio. Mr. Baxter served on the Downtown Redevelopment Commission and believed part of Rosemount's "small town feel" is due to business people owning their own businesses, not large franchises. Mr. Baxter explained this does not mean Rosemount does not welcome franchises or larger businesses. Mr. Baxter proposed to change the date on the ordinance amendment. Mr. Droste inquired of the City Attorney if there were any notice requirements for allowing a change on the second reading of the ordinance amendment. Mr. LeFevere noted no further notice is required. Motion by Baxter. Second by Sterner. MOTION to amend the proposed motion regarding the added underlined sentence to: January 1, 2007, there shall be no limit to off sale liquor licenses. Ayes: 2. Sterner, Baxter. Nays: 3. Droste, DeBettignies, Shoe Corrigan. Motion failed. Motion by DeBettignies. Second by Shoe Corrigan. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER '15, 2005 Ms. Shoe Corrigan commented that she also served on the Downtown Redevelopment Committee and she agreed there was an overall desire to maintain owner operated businesses. Ms. Shoe Corrigan confirmed her belief that the amendment date of July 1, 2006, allows for a compromise to open the market for off -sale liquor licenses. Mr. DeBettignies noted his desire to have a win -win situation and make a decision that is right for the community. He stated he supported much of what Mr. Baxter said, but he was firm on supporting the July 1, 2006 date. Motion to amend Rosemount City Code Section 3 -1 -2 paragraph L.2 regarding the apportionment of intoxicating liquor licenses to remove the limit on the number of licenses that shall be granted effective July 1, 2006. Ordinance amendment as follows. L. Apportionment of Intoxicating Liquor Licenses. 2. Off -sale intoxicating liquor licenses may be issued dependent on the population of the City of Rosemount. One off -sale liquor license may be issued for each six thousand five- hundred (6,500) of city population attained, as determined by the most recent Metropolitan Council population estimates. On Juh 1, 2006, there ahall be no limit on the numaber f off aalc bmtoxieatin liqu r hccnsca. Ayes: 3. DeBettignies, Shoe Corrigan, Droste. Nays: 2. Sterner, Baxter. Motion approved. 4 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 2005 Ms. Shoe Corrigan stated this was not an easy decision for City Council. She believed there ate times when you need to set aside personal feelings. She stated each member here voted for what they believed was the best for the City of Rosemount. Mayor Droste thanked business owners for theix valuable comments and stated he understood their position. NEW BUSINESS a. Trail /Sidewalk Improvement Plan City Engineer Brotzler reviewed the planning incurred in the past two years to develop a plan to maintain and enhance the City's trail and sidewalk system within the existing developed areas of the community. The goal of the plan is to repair and replace existing deficient trails and sidewalks, add new trails and sidewalks where needed, and work towards developing dual trail/sidewalk systems along the City's collector streets. Property owners affected attended a public informational meeting in January, 2004. City Council reviewed information at work sessions on cost estimates, funding and project prioritization. Council recommended some additional trail needs on the west side of Shannon Parkway. Mr. DeBettignies received a request from a resident suggesting a crosswalk on Dearborn Path and Shannon Parkway Mr. Brotzler recommended it would be safer to direct pedestrians to the crossing at 143 Street or use the trail system on Dearborn Path to a regional trail system on Connemara Trail. Mr. Baxter contemplated the need for the trails on both sides of streets and stated he supported the 2006 added trails on Shannon Parkway. Ms. Shoe- Corrigan inquired what the Parks policy was for collector streets and pointed out the plan followed that policy. Mr. Droste stated that collector streets are much busier and this plan helps moves pedestrians to their neighborhood trails which are safer. Mr. Droste recommended bituminous trails versus cement. Mr. Brotzler noted that staff has equipment to maintain bituminous. Motion by Shoe- Corrigan. Second by Sterner. Motion to approve the Trail and Sidewalk Improvement Plan. Ayes: 4. DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: 1. Baxter. Motion approved. Motion by Sterner. Second by Shoe Corrigan. Motion to adopt a Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for the 2006 Trail/Sidewalk Project. Ayes: 5. Nays: 0. Motion approved. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 15, 2005 ANNOUNCEMENTS Mayor Droste reviewed future regularly scheduled meetings. City Hall will be closed on November 24 and 25 for the Thanksgiving holiday. Mr. Verbrugge noted the November 30 Budget Work Session meeting is tentative dependent on the results of this evenings work session. Mayor Droste moved to adjourn the meeting at 8:36 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -47. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION NOVEMBER 15, 2005 Pursuant to due call and notice thereof a City Council Special Work Session was held on Tuesday, November 15, 2005 at 8:45 p.m. in the Council Chambers at City. Hall following the regular City Council meeting. Mayor Droste called the meeting to order with Council Members Baxter, Shoe Corrigan, Sterner, and DeBettignies present. Also in attendance were City Administrator Verbrugge, Assistant City Adtniistrator Weitzel, Fire Chief Aker, Police Chief Kalstabakken, City Clerk Jentink, City Engineer Brotzler, Cormnunications Coordinator Cox, Parks and Recreation Director Schultz, Community Development Director Lindquist, and Finance Director May. Mayor Droste noted the purpose of the meeting was to discuss the proposed 2006 budget for the City of Rosemount. 2006 Budget Mr. Verbrugge stated the purpose of the meeting is a review of a summary of departmental budgets and funding requests for 2006. The information in the packet reflects the removal of a police vehicle, the accelerated installation of parks sign, and a reduction to the estimated annual health insurance renewal funds. This sets a total reduction of the increase to 6.5% in the operating budget, 13.4% in the spread levy, and a tax rate reduction of 5% from last year. Mr. Verbrugge stated that City Council is continuing to make progress toward their goal of reducing the tax rate. The other handouts were spreadsheets that show home valuations are increasing approximately S This increase off -sets the tax rate reduction. Some homeowners may have larger increases produced by the result of the legislative change to home values. Mr. DeBettignies pointed out the percentage of the budget at this time is 83 °,'o for tracking by category which shows staff is doing a good job. Mr. Verbrugge presented an updated 3 -year financial forecast. The CIP for 2007 is $1.35 million and the CIP projected number is higher which shows that some adjustments will be necessary in the 2007 budget. Mr. Verbrugge opened the discussion to Council's comments. He noted the Truth in Taxation meeting will be held on December 5. Mayor Droste recommended delaying the space needs study at a cost of $30,000 and to move those funds toward the Fire Station II building under line item Council Designated. Ms. Shoe- Corrigan inquired if a referendum would be necessary to receive funding. Ivlr. Verbrugge pointed out that the state legislature approved a law that cities could approve capital investments without going to referendum for public safety, public works, or city hall type buildings. The space needs study helps project growth and public facilities needs to aid with decisions in the future. Mr. Droste did not see enough benefit to defend the cost of the space needs study. Ms. Shoe- Corrigan agreed with delaying the space needs study. Mr. Baxter stated in view of the added expense for Fire Station II, he agreed the $30,000 would be best used there. Mr. Baxter stated he encouraged sharing facilities perhaps with Dakota County. Mr. Brotzler reported the shared agreement with Dakota County for sand /salt has not happened as 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION NOVEMBER 15, 2005 planned. The City stores the street sweeper at the old County maintenance site. Mr. Droste noted the Genz -Ryan site may provide the City with some temporary storage. He also pointed out when the new rue station and water tower are on -line there will be additional vehicle parking space and storage available. Mr. Brotzler pointed out the largest issue is the lack of space and security packing. Also, staff has looked at the storage of water meters at Well House No. 9, ideally all work on them would be in one location. Mr. Verbrugge commented that the space needs study takes many hours and there is an argument for a neutral third party to conduct the study. Mr. Sterner inquired what the County would do with its old maintenance facility on Biscayne Avenue. Mr. Verbrugge said the county parks and sheriff's departments have intended uses. Mr. Droste suggested a clear message to residents regarding the 2006 budget should be discussed. Mr. Verbrugge stated the primary message to residents is that the City has captured the growth that has occurred and fulfilled the necessary services to residents. The levy will provide for the Toss of State Aid at $350,000 and new debt service issued at $550,000. Mr. Verbrugge reported that growth and operations have been managed well by department heads. He stated the further goal of lowering the tax rate and positioning competitively to attract new businesses has lowered the tax rate from 57% to 43% in four years which is good progress. Finance Director May compared Rosemount to the cities with similar populations. He pointed out their tax rates are very close to Rosemount s tax rate. Mr. May inquired if Council budget format would need to include all pages. Council indicated it would accept a smaller version of the 2006 Budget for the Truth in Taxation meeting. UPDATES Ms. Shoe- Corrigan commended staff for this year's budget process. She found it easier to understand and make decisions. Mss. Shoe Corrigan requested staff consider zoning changes to 145' Street near the downtown to allow home businesses such as a music teacher or similar businesses. Ms. Lindquist provided regulations for honkie businesses. Mr. Verbrugge requested that due to staff load this be discussed after January 1, 2006. Ms. Shoe Corrigan inquired about illegal dumping in the Core Block East area. Ms. Lindquist confirmed some illegal dumping has occurred and also an educational group is doing some archeological digging. Mr. Cox reported some glass antique items were discovered. Mr. Sterner requested that it has been many years since the City Council has received a raise in its compensation. He requested staff obtain information to review an increase for Council at a work session. Mr. Verbrugge agreed to schedule this at a future work session. Mayor Droste motioned to adjourn the meeting at 9:36 p.m. Second by Sterner. The meeting was adjourned. 2 1 1 The City Council's Agenda Packet is Clerk's File 2005 -48. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION NOVEMBER 15, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary- ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING TRUTH IN TAXATION PUBLIC HEARING DECEMBER 5, 2005 Pursuant to due call and notice thereof a City Council Work Session was held on Monday, December 5, 2005 at 6:31 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Shoe Corrigan, and Sterner present. Also in attendance were City Admuustrator Verbrugge, City Clerk Jentink, Finance Director May, and Communication Coordinator Cox. Mayor Droste explained the purpose of the meeting was to allow the public to comment on the budgets and levies for the City of Rosemount in 2006. 2006 Budget and Levy Presentation Finance Director Jeff May gave a presentation for the 2006 City of Rosemount budgets and levies. Mr. May explained the meeting would include the presentation, clarification questions from City Council, input from the public, and then the Public Hearing would be closed by a motion after all testimony was heard. The Council action on the budget would occur at the next regular City Council meeting on December 6, 2005. Mr. May reported that Truth -in- Taxation notices were mailed to all Rosemount property owners and notice was published in the Rosemount Tow" Pages and the Rosemount This ]Week. Mr. May reviewed the planning process used to discuss the budget and levies. By September 15, 2005, the budget and levies were certified to Dakota County. Council continued to review the budget numbers and further reduced the budget expenses. Mr. May reported in the published Truth in Taxation Notice that the 2005 City tax rate was 46.041%; based on the preliminary levy, if the leery had not increased, it would be 38.715% for 2006; and, the 2006 proposed tax rate is 45.488 Mr. May then presented the percentage of change from the 2005 Budget to the 2006 Budget. Total revenue sources produced an 8.53% increase and the operating budget had a 6.51% increase. Mr. May made a comparison of the tax capacity rates for the last five years including the city, county, school district, and special taxing districts. Mr. May reported on a home valued at $250,000 to demonstrate the property tax figures for Rosemount residents. The chart presented the yearly, monthly, and daily cost of city department services to residents. Mr. May compared the monthly Police Department services at a cost of $16.51 to a resident who may have a security system with a higher monthly expense. He also used the example of a lawn care service for residents to the park's maintenance yearly cost of $45.51 for over 200 acres of parks. Mayor Droste opened the discussion for questions from Council Members. Council Member Sterner inquired what would be included in the special taxing districts. Mr. May noted that Mosquito Control and the Metropolitan Council, among others, would be included. Mayor Droste requested Mr. May to explain the state funding that has been lost in the last four years. Mr. May reported that the City lost $577,000 in HACA funding in 2002. In 2003 the City lost $402,000 in LGA (Local Government Aid) and $350,000 in MVHC Market Value Homestead Credit) during the muddle of the year as the State dealt with its 4.5 billion dollar deficit. The LGA cut has become a permanent cut for the City. The MVHC cut has been promised to be restored but to date has not. Also, the State, during the past legislative session extended the MVHC cuts out 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING TRUTH IN TAXATION PUBLIC HEARING DECEMBER 5, 2005 through at least the next two years. Mayor Droste noted that the residential growth helped the City baLance these major funding losses. Mayor Droste opened the discussion to the audience for public comment. Jim Vitek, 3330 147t Street West, reported that his tax records for the last six years show an average tax increase of 5.9% on his property taxes. bfr. Vitek was unhappy that his property tax increase this year is 10.7 He stated he believed that with the increase in population and taxpayer base, the taxes should go down. Mr. Vitek noted that he is retired and he has a limited income with large increases to his health care. Mr. May pointed out that home values have increased 8% to 15 which increases the tax costs to the resident despite the city portion of taxes going down. Council Member Shoe- Corrigan explained that on the Truth in Taxation notice to residents it showed that the city and county tax rates had been reduced and the school district and special taxing districts had been increased. Council Member DeBettignies pointed out that operation costs for the city have increased, yet the tax rate was cut by 5'70, showing that a concerted effort was made by staff and City Council to lower the tax rate. City Administrator Verbrugge expkii ned how the home values have stayed artificially low and that the legislature had recently made changes to return the home values to a more realistic value. The legislature is phasing out the limited Market Value. Council Member Baxter pointed out that it is a very difficult task to hone the budget in order to bring down the tax rate. He stated the balance is reached by spending the increase from growth in order to bring the tax rate down. Mr. Baxter observed that the citizens do not want the level of services to come down. He noted that he appreciates the public conning out to comment on the budget. The city reported that 219.1, of the tax base is from commercial /industrill and 77% is coming from residential. He commented that one of the goals of the City Council is to increase the cotmercial tax base in Rosemount. Mr. Baxter acknowledged that fixed income families have a difficult time. Mayor Droste reported that the City has lost almost $3 million in state funding over the past four years. He stated that Rosemount was fortunate that growth has allowed the City to weather the funding shortage well. Allan Windom, 14107 Autumnwood Way, stated he had down sized from a home in Burnsville to a townhome in Rosemount. Mr. Windom believed townhomes have a lower demand on city services and should pay lower taxes. Mr. Verbrugge responded that property taxes are applied equally for all types of residential housing. He stated it is Dakota County that assigns valuation to property. Mr. Verbrugge reported that Rosemount did have the highest tax rate in Dakota County three years ago, but slow improvement has been made. Burnsville has a larger commercial tax base that can provide lower property taxes for residents. Mayor Droste noted that it would be very complicated if residents received credit for services they did not use. Mr. May reported that rural residents living on a county road have had the same argument. Mr. Baxter pointed out that all the other roads in the City which are maintained, are used often by people making trips to and from their homes. Mr. Verbrugge gave the example of the 2 ROSEMOUNT CITY PROCEEDINGS SPECIAL CITY COUNCIL MEETING TRUTH IN TAXATION PUBLIC HEARING DECEMBER 5, 2005 cost of private versus public education and the support of taxes for public education. Ms. Shoe Corrigan stated that much of Rosemount's housing is reasonably priced and she welcomed all new residents. Forrest Krough, 2685 132n Court West, questioned if the notice from the county had the revised budget amounts. Mr. DeBettignies told him it did not. Mr. slay noted that the city share will be lower then stated, but the final county and school district numbers are not known at this time. Mr. Krough requested the budget include a part -time coordinator for senior citizens. Mr. DeBettignies stated that if you compare dollar for dollar for the city share, there would be a 5% decrease. Fern Krough, 2685 132 Court West, questioned what health insurance changes have occurred for city employees. Mr. Verbrugge explained the insurance coverage for the 80 city employees with four bargaining units. Two years ago a 22° D preuhium increase was faced and the city changed to a high deductible plan with the ability to place phoney in a health savings plan. The premium was able to remain nearly the same. DIs. Iirough commented that this contributes to an increase in her taxes. Dick Domiden, 13054 Charleston Way, had concerns about his property valuation. He did not agree with the high increase for his rural residential home. He was unhappy with the removal of Dodd Boulevard from the road improvement List and its access closure to Connemara Trail. Mr. Nlay noted that the limited market value change did affect Mr. Dornidcn's property so he had a 15% increase on property value. Mr. May suggested he attend the public meeting for the Board of Appeals with Dakota County to contest his home value. Mayor Droste and Council Members thanked all residents attending for their valuable comments. Mayor Droste stated he greatly appreciated the direct feedback. Motion by Droste. Second by Baxter. MOTION to close the public hearing for Truth in Taxation for the 2006 Budget for the City of Rosemount. Ayes: 5. Nays: 0. Motion carried Motion by Mayor Droste to adjourn. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned at 7:34 p.m. The City Council's Agenda Packet is Clerk's File 2005 -49. 3 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 6, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, and Shoe Corrigan attending. Council Member DeBettigties was absent due to the death of his father. Condolences were offered. Staff members present were City Administrator Verbrugge, City Attorney LeFevere, Community Development Director Lindquist, France Director May, City Clerk Jentink, Communications Coordinator Cox, Police Chief Kalstabakken, and Parks rind Recreation Director Schultz. The Pledge of Allegiance was said. City Administrator Verbrugge presented additional information for two consent items and the GlenRose of Rosemount Street and Utility Improvements. The bids for Consent Item 6.e. Receive Bids/Award Contract Well House #14, City Project 382 were opened December 2 and the results were presented. City Attorney LeFevere reviewed Item 6.h. Total Construction (Furlong) Mineral Extraction Permit Renewal 05 -58 -ME and recommended language changes to condition O. The City Attorney also revised a resolution for the GlenRose Development for Council consideration. Mr. Verbrugge noted that developer Dean Johnson requested to speak regarding the GlenRose development schedule. Motion by Mayor Droste. Second by Sterner. 1 Motion to adopt the agenda with additional information for Consent Items 6.e. and 6.h. and, a resolution revision for 8.a. Consider Bids for GlenRose of Rosemount Street Utility Improvements, City Project 397. Ayes: 4. Nays: 0. The agenda was adopted. CONSENT AGENDA Motion by Droste. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 Motion to approve the Consent Agenda with the additional information for Items. 6.e., and 6.h. a. Minutes of November 15, 2005 Regular City Council Meeting b. Minutes of November 9, 2005 City Council Work Session c. Minutes of November 15, 2005 Special Council Work Session d. Bills Listings e. Receive Bids /Award Contract -Well House #14, City Project #382 f. Change Order #2, Well #14, City Project #382 g. Tree City USA Recertification h. Total Construction (Furlong) Mineral Extraction Permit Renewal 05 -58 -ME i. Resolution of Approval for Community Development Block Grant (CDBG) Application j. Liquor License Renewals for 2006 k. Approve Contracts with Frontier for DSL and Telephone Service 1 1 1. Purchase of HWY 3 Right -of -Way Parcel m. Resolution for Reimbursement of Eligible Administrative Costs Associated with the Regional Distribution Center n. Authorize Hearing for Shenanigan's Pub Liquor License Violation Ayes: 4. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 NEW BUSINESS a. Consider Bids for GlenRose of Rosemount Street Utility Improvements City Project 397 Community Development Director Lindquist pointed out that the packet information originally recommended rejecting bids due to the fact that a subdivision agreement has not been executed therefore, the City cannot enter into a contract for street and utility improvements. Ms. Lindquist noted that the presented bids expire after 30 days which will end on December 10, 2005. Mr. Dean Johnson wishes to build a six -plex model; however, due to timing issues and weather there will not be any public utilities available. Ms. Lindquist stated that water, sewer, and paved surface are required prior to issuing a building permit. The City Attorney revised the resolution to allow awarding of the bids if the subdivision agreement is executed by December 9, 2005. Ms. Lindquist recommended approval of the revised resolution from Attorney LeFevere to provide Mr. Johnson the opportunity to sign the subdivision agreement by December 9. Ms. Lindquist cited some recent situations somewhat similar to this issue. A Rotdund Homes development which had water to the site and provided a temporary paved road was allowed a building permit. Ms. Lindquist noted that the development was on hold for almost two months in the summer while the road and utilities were installed. Mr. Dean Johnson, the developer for GlenRose of Rosemount, explained that often winter comes early and other cities have allowed building permits without utilities. Mr. Johnson stated he was surprised the City would not allow the building permit which may delay his marketing efforts. He noted that he was not requesting a Certificate of Occupancy and would be willing to supply indemnity insurance and a street maintenance contract. hIr. Johnson stated he was aware of OSHA requirements and believed safety requirements would be met. Mr. Johnson expected the model to take about five months to complete. Mr. Johnson stated he has installed a paved road to the side of the planned street in order to have the street area available for utilities. Mr. Johnson presented copies of nvo development contracts with the cities of Plymouth and Lakeville. Mayor Droste inquired of the City Attorney about road access requirements to meet fire safety regulations. He asked if the City would have insurance liability. Mr. LeFevere stated if the City has legal liability then indemnity insurance would be required. Mr. LeFevere noted that if a firefighter died because water was not available additional parties may be liable who would not be covered by the developer's 'indemnity insurance. Mr. LeFevere stated the City would not be liable unless Minnesota law changes. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 Council Member Shoe Corrigan reviewed the documents presented by Mr. Johnson from Plymouth and Lakeville. She inquired about the requirements of the building official. Mr. LeFevere noted that it is within Council's power to allow a change in policy. Mr. Baxter stated that if the worse scenario is considered, such as a fire, it would not be good government to send our fire department in with inadequate water, or to watch property bum Mr. Verbrugge agreed that would be had policy, however, the developer is willing to take the risk because he feels it is not an inordinate risk to take. Mr. Johnson stated that the delay to his marketing is not acceptable. He noted his investment is great already and as a company he is willing to take the tisk. Ms. Lindquist reported staff had planned that water would be on site before winter and with water available it would have been agreeable with staff to allow a building permit. Ms. Shoe Corrigan preferred safety take priority and noted sometimes school age children are likely to investigate vacant buildings. She indicated she would support staff recommendation to reject the bids. Mr. Sterner pointed out that vandalism has been a problem for building sites recently and he would favor safety first. Mr. Baxter rejected any policy that potentially put firefighters or property at risk. He preferred no change to policy. Mayor Droste stated that the fire department has a tanker to supply water for fire suppression. He inquired about the timing of a building permit for Mr. Johnson. Ms. Lindquist replied that some flexibility is allowed when it is known that in a short time utilities will be available. Ms. Lindquist noted that the Fire Marshal would permit foundation work prior to the water utilities. Mr. Johnson requested the water line be given priority when construction begins to allow an earlier build out next spring. Mr. LeFevere stated the contract is not worded to incorporate any priorities, however, the contractor may be willing to consider that. Motion by Shoe Corrigan. Second by Baxter. Motion to adopt a Resolution Relating to the Contract for GlenRose of Rosemount Street and Utility Improvements, City Project 397. Ayes: 4. Nays: 0 Motion carried. 2006 Budget: Setting Levies and Budgets Finance Director May reported there are three resolutions for Council consideration to set the 2006 levies and budgets for the City of Rosemount. The first resolution approves the 2006 General Fund 3 1 1 Operating Budget, the three 2006 CIP Budgets, the 2006 Insurance Fund Budget, the 2006 Port Authority Operating Levy and the 2006 Levy for the general operations and the special levies for bonded indebtedness, the Armory indebtedness and our market value based referendum levy for the fire station. The last two resolutions concern the Armory Anticipatory Levies for the City. Mr. May noted that the Truth In Taxation Public Hearing was held December 5, 2006 and all requirements had been met. He stated that following Council approval the levies would be certified to Dakota County. Council indicated they were ready to take action on the City budgets. Motion by Shoe Corrigan. Second by Baxter. Motion to adopt a Resolution Approving the 2006 General Fund Operating Budget, the 2005 Capital Improvement Program (CIP) Budgets, the 2006 Insurance Budget, the 2006 Port Authority Operating Lcvy and the 2006 Levy Required by the City of Rosemount. Ayes: 4. Nays: 0. Motion carried. Motion by Shoe Corrigan. Second by Baxter. Ayes: 4. Nays: 0. Motion carried. Motion by Shoe Corrigan. Second by Baxter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 Motion to adopt a Resolution Ley a Tax for Construction of a State Armory Building. Motion to adopt a Resolution Approving a Special Tax Levy for Funding of an Armory. Ayes: 4. Nays: 0. Motion carried. Authorize Staff to Begin the Recruitment Process for a Police Officer Police Chief Kalstabakken noted that the budget just approved this evening allowed for a new police officer who is scheduled to start March 1, 2006. Mr. Kalstabakken noted the recruitment process is lengthy and it would benefit the City to begin as soon as possible. Council Member Sterner inquired how the advertising is done. Mr. Kalstabakken reported that a job advertisement is posted on the Minnesota State University System and the Minnesota Post Board web site. He stated usually over one hundred applications are received using this process. Motion by Baxter. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 6, 2005 Motion to authorize staff to undertake the recruitment process to fill one additional position of police officer. Ayes: 4. Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed future regularly scheduled meetings. He reported there is a Public Informational Meeting scheduled at the Rosemount Community Center on December 7 at 6:00 p.m. to present details of the 2006 Street Reconstruction Project. A video presentation of the 2006 Budget will be shown on Cable Channel 22 following this meeting. Mayor Droste moved to adjourn the meeting at 8:25 p.m. Second by Sterner. Ayes: 4. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -50. 5 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION DECEMBER 14, 2005 Pursuant to due call and notice thereof a City Council Special Work Session was held on Wednesday, December 14, 2005 at 6:33 p.m. in the Council Chambers at City Hall. Mayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Shoe Corrigan, and Sterner present. Also in attendance were City Administrator Verbntgge, Assistant City Administrator Weitzel, City Clerk Jentink, Communications Coordinator Cox, City Engineer Brotzler, and Community Development Director Lindquist. Engineering consultants Chuck Rickart and Peter Langworthy from WSB Associates, Inc. also attended. City Administrator Verbrugge requested an additional update regarding the Air Cargo Distribution Center. Mayor Droste placed that item under Updates, 3.c. DISCUSSION a. Transportation Plan City Engineer Brotzler presented the Transportation Plan for the City of Rosemount. The completion of the plan was delayed to acconunodate the recently approved land use changes for the eastern area of Rosemount. Mr. Brotzler introduced Mr. Rickart and Mr. Langworthy to explain details of the plan and respond to questions or comments from the Council. Mr. Rickart explained that the plan before City Council was a more comprehensive plan due to the inclusion of the County Road 42 and TH 52 land use changes. He stated the primary purpose of the plan provides framework for the transportation system and can provide information to developers. It recommends a transportation system that will benefit the city in the future. Mr. Peter Langworthy provided an overview of the plan. The plan documents the existing roadways and project roadways up to the year 2025. The purpose of the plan is to meet ever growing travel demands and identify deficiencies and needs. Mr. Langworthy noted the primary goals are to maximize safety, increase the operational capacity of existing roadways, and encourage transit use and pedestrian travel. Mr. Langworthy stated the plan has information on funding sources, invesunent strategies, maintenance plans, and future project needs. He pointed out the functional classification of all roadways and which entity has jurisdiction Rosemount, MnDOT or Dakota County. Mr. Rickart noted that the Transportation Plan supplies a reference for all departments to use for future planning. He pointed out that traffic volumes and vehicular accidents are reported on the reference maps provided. Council members commented on the indicated dangerous intersections and provided additional information. Mr. Rickart explained that often the addition of turn lanes can improve the traffic movement and increase safety. Mayor Droste supported improvements to Diamond Path to a four -lane road north of 160` Street. Council Member DeBettignies stated he believed a signal light is necessary at 160 and Diamond Path. Council Member Baxter inquired when the CR 42/ TH 52 interchange would be completed. Mr. Rickart said the best estimate is between years 2011 and 2015. Mr. Baxter stated that the high school access onto Highway 3 should be considered for improvements. Mr. Rickart stated he can review the warrants with MnDOT for the high school entrance. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION DECEMBER 14, 2005 Council Member Sterner inquired if light rail transit is being considered within the plan. Mr. Rickart replied no and stated that Metropolitan Council may recommend changes regarding light rail transit. b. Affordable Housing Inventory Community Development Director Lindquist noted that the City Council requested an analysis of the lifestyle housing options within the Ciryy including affordability and rental versus hone ownership. Staff used the GIS system for locations which produced 7509 parcels. Ms. Lindquist reported that 6157 parcels are residential with 5813 parcels registered with Dakota County as homesteaded, or owner occupied. That results in 344 parcels as rental property. Ms. Lindquist noted the numbers may not be entirely accurate pointing out that Rosemount \t'oods Manufactured Home Park shows up as one parcel rather than 183 units and there may be other parcels recorded this way. Staff estimates that there are 422 designated renal units in the community. Metropolitan Council reported there are 1429 units of affordable units hi Rosemount with an average sale price of $193,700. Mr. Baxter inquired if the City is required to protect affordable housing to keep the percentage available. Nfr. Sterner pointed out there are programs that may aid residents with the up keep of their homes. Ms. Lindquist reported the Dakota County CDA provided about $100,000 low interest loans about four years ago. She also noted a rental program that is income based is available and has been advertised in local papers. Mr. DeBettignies pointed out on the map street easements that extend into the roadway. Mr. Brotzler confirmed the acrual property lot lines extend into the road easement. Mayor Droste noted this report was informational only; no action was required. c. Land Use Mix Community Development Director Lindquist explained that City Council had set the goal to compare and use nnix in Rosemount to surrounding communities. She noted the intent was to compare ourselves to other communities in the Metro Area. City staff conducted surveys and produced a table showing acres and percentages for eleven metro communities. Ms. Lindquist broke the land use into categories as follows: Single Family, Multifamily, Retail, Office, Industrial, Institutional, Parks Open Space, Agriculture, and Undeveloped. She pointed out that these land uses in each city may have varied definition so the comparison between cities is not identical. Ms. Lindquist pointed out that caution must be used when using the information because of the cities differences. She stated the presence of two large landowners, Flint Hills and the University of Minnesota, may skew the land use numbers in Rosemount. These large landowners are predominately in the industrial category and limit the ability of the City to control land use. Staff was directed to prepare more information on future parks and examine the communities of Northfield, Farmington, Hastings, and Stillwater regarding how they have maintained their small town feel. d. Pavement Management Project: Communication Audit Communications Coordinator Cox presented a communication audit on the Pavement Management Project. Mr. Cox noted this had resulted from three residents continents on October 18, 2005. They complained they were unaware of the assessment costs involved. Mr. Cox reviewed the numerous mailings, public notices, public meetings, and phone contact used to inform the neighborhoods involved. Mr. Cox also contracted some residents affected by the project for their opinion on the information provided. He reported three areas of concern: 1) clear notice of assessment cost, 2) need for maintenance work, and 3) updates on status of the project. Mr. Cox reported that 272 properties were affected and 3 property owners voiced complaints at the Public Hearing. Mr. Cox suggested word changes in the public notice letter to more clearly state there would be an expense to ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION DECEMBER 14, 2005 the homeowner. This new wording has been used to notice property owners for the 2006 Pavement Management Project, City Project 396. Mr. Baxter encouraged staff to be even more direct in communicating an eminent assessment that may affect the resident's property taxes. Mr. Droste stated that residents should not be made to feel alarmed. Council Member Shoe- Corrigan suggested that residents must be responsible and respond if they have concerns. Mr. Brotzler summarized that property owners in the future will receive a full contact list to resolve issues. This would contain the city and contractor phone contacts which would be available anytime of the day or night. Mr. Brotzler also provides residents the opportunity to receive updates on the project by returning a form indicating preferred method of contact: i.e. Web page, fax, phone, or mail. e. Human Resource Issues e. 1) Elected Official Travel Policy Assistant City Administrator Weitzel requested Council's consideration of a new policy for out -of- state travel incorporating language requiring compliance with Minnesota State Statutes 47 1.661 by January 1, 2006. The policy is required to state: 1) when travel outside the state is appropriate 2) applicable expense limits 3) procedures for approval of the travel. Ms. Weitzel explained the League of Minnesota Cities drafted a model policy which was used, in part, as the outline for Rosemount's Elected Official Travel Policy. She noted a resolution of approval would be presented at the December 20, 2005 regular Council meeting. Council indicated they wished to comply with all state regulations. Mr. Baxter pointed out that the current policy includes elected officials and should be changed to address employees only. e. 2) Compensation for Fire Officers Assistant City Administrator Weitzel opened discussion to provide additional compensation for fire department officers. She presented a comparison table with current pay level, recommended pay and difference pay per year for the positions of Fire Chief, Assistant Fire Chief, Secretary, Captains, Training Coordinator, and Lieutenant. Ms. Weitzel noted the Rosemount firefighter receive a $2 stipend for each fire call and drill with city contributions to the Firefighters Relief Association for pension benefits. The fire officers have not had a change to their annual stipends since 1995 and Police Chief Aker recommended the presented increases. The Stanton Survey provided a survey of annual pay for fire chiefs in similar sized cities and found the salaries varied widely. Mayor Droste noted the proposed raise represents a 19.3 °,'o increase and noted it was an adjustment for ten years. City Council requested additional information on how much time and involvement was required for each fire officer and moved the item to the January 2006 work session. Mr. Verbrugge noted that the increase in pay has been budgeted for 2006. e. 3) Compensation for Non -Union Employees Assistant City Administrator Weitzel explained the six-step compensation structure used for non- union employees and the annual evaluation of pay equity. Mr. Verbrugge explained that the evaluation process includes internal equity, Stanton comparisons, and inpletnentation of a range adjustment (cost of living increase). It was noted that the stare provides pay equity software for scoring jobs so that the compensation is not skewed. Ms. \Veitzel reported that two positions are not in compliance, the Building Official ($946 increase) and Communications Coordinator ($992 3 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION DECEMBER 14, 2005 increase). Ms. Weitzel stated that all cities must report every five years and Rosemount did a complete report in 2004. Ms. Weitzel recommended a 3 °/o cost of living increase. Mr. Sterner believed that due to the difficult economic times a 2% cost of living increase would be adequate. Ms. Weitzel explained that the pay equity points have nothing to do with performance, but are specific to the position. Ms. Shoe Corrigan supported the recommended increases believing it is best to adjust each year and remain compliant with state regulations. Mr. Verbrugge pointed out that health insurance costs increased 1% this year for all employees. Mr. Baxter supported the recommended increases. hlr. DeBettisnies pointed out that the economics change even year, but, if pay was based on merit it would be more meaningful. Mr. Verbrugge noted that employees receive job evaluations annually to judge performance. Mr. Baxter did not support merit pay to achieve goals. Mr. Droste noticed that several cities are giving 20 o in January and 1% in July. Nis. Weitzel stated that cities follow this practice to ensure equity among their employee groups. Mr. Verbrugge noted that more information will be presented in the closed session regarding labor relations. UPDATES a. Joint Powers Agreement for Library Mr. Verbrugge met with Dakota County staff to work on the language in the joint powers agreement for a Rosemount Library branch. A committee is being formed which is requesting a representative from the Rosemount City Council. Mr. Verbrugge noted the commitment should be completed in March or April of 2006. The physical building work will begin in 2007. b. Fire Station II Assistant City Administrator Weitzel gave an update on Fire Station II on Connemara Trail. She reported that poor soil was detected and the City Engineer was able to replace 2000 cubic yards from the parking lot area which saved an estimated $12,000. etter's Architect is working on adjusting the plans and specifications to advertise bids hegmmng January 3, 2006. Ms. Weitzel reported that Scott Mohs stated that vendors have been contacted to raise awareness. Mayor Droste contacted the City of Blaine that received four project bids this fall which came in under the estimated cost which leads him to believe the timing was bad for Rosemount's first round of bid taking. Project updates will be presented at future meetings with the bid opening scheduled for January 19, 2006. c. Air Cargo Distribution Center Mr. Verbrugge announced that the Dakota County Physical Board passed a resolution supporting the air cargo distribution center with conditions including: 1) full financial commitment itnment for CR 42 /TH 52 improvements and the realignment of CR 42; and 2) provide a Business Impact Analysis. Mr. Verbrugge explained that Dakota County does not look at the net gam in businesses in Rosemount as an increase but rather a transfer of 33 businesses from Eagan. 3) Another condition of the resolution seeks support from Eagan and Mendota Heights in resolution form. Mr. Vcrbrugge stated these approvals may be difficult to obtain. 4) a socio- economic analysis on affordable housing and wages; 5) incentive only to RDC which could conflict with state statutes. Staff will seek legal advice. 6) provide a TIF District which requires all Dakota County's share of taxes to go to Dakota County. Mr. Vcrbrugge stated that it is good that Dakota County is participating as a working partner. the full Count- Board will consider the proposal on December 20, 2005. Mr. Verbrugge indicated that staff would prepare joint resolutions for the Port Authority and City Council to agree to the property tax issue and consider business and commercial incentives for the business subsidy. Mr. Baxter stated 4 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION DECEMBER 14, 2005 that the Dakota County resolution pushes the benefit of the TIF District to the edge. He reminded staff that if Mr. Verbrugge becomes the project manager for this project, he will be investing unkind services and perhaps moving some of his work load to other city staff. Air. Verbrugge estimated his time obligation may be 20 hours per week. Air. Droste noted that the legislative component may take time. Ms. Shoe Corrigan stated that Rosemount can withdraw their application if the City can not afford to proceed. Mr. Droste stated that Rosemount has a vested interest in having the City Administrator involved. Mr. Verbrugge promised to keep City Council updated. Add -On: Police Reserve Officer Compensation Assistant City Adnwustrator Weitzel presented a request from Police Chief Kalstabakken to allow police reserve officers an annual stipend. The intention of the stipend was to provide an incentive to the reserves to meet their annual commitment of hours. Staff discovered that this type of incentive would have to be considered a wage for paid -on -call positions. The reserves also receive training and uniforms. Ms. Weitzel stated compensation would be paid to reserve who met the hourly requirements of 120 hours per year at a rate of $1 per hour. There are twelve reserves in the 2005 program which will total $1100 in 2005 and the 2006 program is estimated $1080 in 2006. Mr. Baxter asked about them becoming a non -profit similar to the Fire Relief Association. Consensus was to move this on to the December 20, 2005 regular Council agenda. Commissioner Comments Mr. Baxter reported he was interviewed by the League of Minnesota Cities at the conference for a committee seat. Council thanked Mr. Baxter for representing Rosemount, although he was not selected this year. Mr. DeBettignies thanked Council and city staff for sending support to his family at the time of his father's death. He stated it meant a lot to his family. Mayor Droste reported participation in INPAD, an anti- smoking campaign. Mr. Droste reported on the issues of eminent domain and train noise handled at the National League of Cities conference. He stated that friendly eminent domain is more easily handled. New electronics have been discovered to initiate the train whistle one time at passing a pole with a sensor and whistle at the crossing. The cost for the electronics is estimated at $70,000 while a full quiet zone is estimated to cost $200,1100. AIr. Verbrugge also attended the conference and reported that Council was directed to build relationships with organizations and residents involved with city projects. Mayor Droste motioned to adjourn the meeting at 9:40 p.m. to a Closed Executive Session regarding labor relations. The City Council's Agenda Packet is Clerk's File 2005 -51. 5 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 1 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 20, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies, and Shoe- Corrigan attending. Staff members present were City Administrator Verbrugge, City Attorney LeFevere, Assistant City Administrator Weitzel, City Engineer Brotzler, City Clerk Jentink, Police Chief Iialstabakken, Community Development Director Lindquist, Parks and Recreation Director Schultz and Finance Director May. The Pledge of Allegiance was said. City Administrator Verbrugge presented additional information for four items and two new add -on items for the Consent Agenda: v. Expenditure Approval From Donation Account Administration and w. Medical Leave for a Firefighter. Motion by Mayor Droste. Second by Sterner. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 2005 Motion to adopt the agenda with the additional information for Consent Items 6.d., 6.e., 6.1., 6.r. and adding Items. 6.v. and 6.w. DEPARTMENT HEADS REPORTS /BUSINESS Acknowledgement of Award of Certificate of Achievement for Excellence in Financial Reporting City Administrator Verbrugge announced that Rosemount has received for the ninth consecutive year from the Government Finance Officers Association, a Certificate of Achievement for Excellence in Financial Reporting. The award recognizes the City's comprehensive annual financial report for the fiscal year that ended December 31, 2004. Mr. Verbrugge cotntnended Finance Director Jeff May and his staff for their work and the stewardship they applied. Mayor Droste thanked Mr. May and the entire accounting department for their hard work. He worked closely with staff on the budget process and he appreciated their efforts. He extended his congratulations. Council Member Baxter commended Mr. May for his help with an explanation of a very complex budget this past year. Mr. Baxter noted as a first -year council member he appreciated all cite staff who have spent time answering questions and concerns. hir. Baxter believed the City employees work very hard to make Rosemount a better place by interacting professionally with the Council. Mr. Baxter thanked all staff for being helpful and sent best wishes for the holidays and the new year. Mr. Verbrugge, on behalf of city staff, acknowledged City Council's appreciation. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda. a. Minutes of December 6, 2005 Regular City Council Meeting b. Minutes of December 5, 2005 Truth -In- Taxation Public Hearing c. Bills Listings d. Budget Amendments (revised 12/20/05) e. On Public Premise Liquor Licenses (3 applicants) f. Firefighter Relief Association Benefit Adjustment g. Receive Feasibility Report /Set Public Hearing 2006 Pavement Management Project, City Project 396 h. Approve joint Powers Agreement for 2006 Traffic Markings, Cracksealing and Sealcoating i. Cotmunity Center/Armory Lease Agreement j. Community Center /Armory Maintenance Agreement k. 2006 Solid Waste Haulers Licensing 1. 2006 Fee Resolution (Parks and Recreation Fees and Policies Revised) m. Approval of 2006 Non -Union Wages n. Elected Official Travel Policy o. Shafer Contracting Mineral Extraction Permit Renewal 05-54-ME p. Evermoor Innisfree and Park Areas Comprehensive Plan Amendment 05 -55 -CP q. Bards Crossing Comprehensive Plan Amendment 05 -56 -CP r. GlenRose of Rosemount (Dean Johnson) Final Plat 05 -43 -FP (no subdivision agreement- it was approved earlier) s. Resolution Authorizing Execution of Grant Agreement with the MN Dept. of Public Safety Div. of Homeland Security and Emergency Management for the Buffer Zone Protection Program t. Interest Rate Change for the Downtown Brockway Tax Increment Financing District and Regional Distribution Center u. Police Reserve Officer Stipend v. Add -On. Expenditure Approval From Donation Account Administration w. Add -On. Medical Leave for a Firefighter Ayes: 5. Nays: 0. Motion carried. NEW BUSINESS a. Air Cargo RDC /IEDZ Application Resolution of Support City Administrator Verbrugge presented a joie resolution between the City Council and the Rosemount Port Authority regarding an application to the Greater Metropolitan Area Foreign Trade Zone (FTZ) to be host community for an International Economic Development Zone (IEDZ.) and international air cargo Regional Distribution Center (RDC). This resolution assures the state that the host city agree to treat incentives (tax exemptions) as business subsidies for compliance and reporting purposes related to the State of Minnesota Business Subsidies Law. The FTZ desires the RDC to be close to the freight forwarders and the gateways to international service. These incentives help facilitate construction of related businesses and would broaden Rosemount's tax base. Mr. Verbmgge explained the raw land developer would agree to exempt property taxes to facilitate this project. He further explained that the RDC facility would co- locate freight forwarders 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 2005 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 2005 who serve international air cargo in the metro area into one location for the purposes of driving efficiencies and economies of scale that will lead to international au cargo service being established at Minneapolis Airport. Mr. Verbrugge reported that 80° o to 85% of international cargo is now being trucked to Chicago or alternate gateways for international freight service. Mr. Verbrugge noted the incentives would prove to be long -term investments to grow our economy and protect jobs in Minnesota and Rosemount. Mr. Verbrugge reported the Dakota County Board placed several conditions within the proposed resolution that may be difficult, but they will result in the betterment of the community. He proposed staff seek further legislation to encourage development of the IEDZ. Mr. Verbrugge pointed out that the financial plan is not expected to be completed until June 30, 2006, so the City will not be able to evaluate the benefits and disadvantages of various site alternatives until that time. Staff recommends that the Legislature extend the deadline to allow a thorough business plan to be completed. Mr. Verbrugge proposed that the Port Authority and City Council indicate a willingness to carry some of the cost of extending utility services to the RDC. However, Mr. Verbrugge noted that the City cannot determine the but /for test necessary to prove out the financial need until the financial plan is available. He reported that leapfrog development might occur due to the necessary services and infrastructure at an estimated cost of $4.5 million. City staff has determined that Rosemount has the ability to finance up to $2 million toward those utility extensions. Mr. Verbrugge explained that the state should be willing to help with the expense of extending infrastructure. Mr. Verbrugge pointed out the preferred site has the land use designation of Green Acres. Staff has also considered there may be other potential sites in Rosemount which may provide better options. Council Member Sterner inquired why the City of Eagan would be interested in participating in the IEDZ. NIr. Verbrugge noted that Eagan city staff has acknowledged this project is in the best interest of the Stare. The City of Eagan requested to know how this project will impact Eagan and the businesses affected. Mr. Verbmgge stated the names and addresses of the thirty-three freight fonvarders located in Eagan have been provided to Eagan. Mr. Verbrugge believed the IEDZ also presents opportunities for Eagan. Council Member Baxter reported the City joined the FTZ one year ago to investigate and pursue this opportunity for a foreign trade zone. He stated the application process is just the beginning of an arduous process-. Mr. Baxter explained Rosemount got involved because it believed this was a great oppornmity for the City and the state. He stated that commerce and security steps for freight cargo are needed and should be taken by the State of Minnesota. Mr. Baxter believed this is a strong project that deserves to go forward for the State and a good opportunity for the City of Rosemount. Mayor Droste requested Mr. Verbrugge review the timeline on the progress of a air cargo facility. Mr. Verbrugge stated the idea began in 1997 when Congressman Oberstar headed a study on international cargo. This study determined that it would benefit Minnesota to have the critical mass of product and operators working together to create originating flights for international cargo. In 2004 Governor Pawlenty included this topic in his State of the State Address as in the best interest of the state economy. However, in the 2004 Legislative Session, shortly after Rosemount joined the 3 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 2005 FTZ, the facility did not gain momentum and was delayed until the 2005 Legislative Session when it was passed. NIr. Verbrugge noted that once the business plan is conducted and has proven the project is feasible, then the FTZ has to establish the International Economic Development Zone by June 30, 2006. Those timelines were added at the last minute to the legislation and have made it difficult to comply with the application process. Mr. Verbrugge would encourage the legislature to extend the timeline. Mr. Droste inquired when the facility would likely be opened. Mr. Verbrugge stated that assembling the partnerships to move forward and consideration of the size of the facility, the envuromnental issues, and the necessary road improvements, it could easily push the facility build -out to 2009 or 2010. Council Member DeBettignies stated a public thank you to the Dakota County Commissioners for their participation in this economic improvement for the State of Minnesota and the City of Rosemount. Mr. Verbrugge noted that the Port Authority Commission requested one modification to the resolution on the second page, paragraph beginning with NOW, THEREFORE, BE IT RESOLVED ...removal of "all of on the second line as recommended by Commissioner Baxter. Staff recommended the same modification be consistent with the City Council's resolution. Motion by Sterner. Second by DeBettignies. Motion to approve the joint resolution for the air cargo center with the removal of "all of' on page two. Ayes: 5. Nays: 0. Motion approved. The agreed upon resolution approved jointly from the Rosemount City Council and Port Authority provided local tax exemptions and to treat same incentives as business subsidies in application as Host Community for an International Economic Development Zone and Regional Distribution Center of Air Cargo. ANNOUNCEMENTS City Administrator Verbrugge announced the Employee of the Year was presented to Public Works maintenance worker Vern LeBeau. Mr. Verbrugge reported that Mr. LeBeau is referred to as a "go- to -guy" who is very well regarded in his department and throughout the City. Mr. LeBeau has been employed at the City for eleven years and shows his encouraging support of staff and the City everyday. Mayor Droste gave congratulations to Vern LeBeau and stated the City is fortunate to have the dedicated employees it has and stated he believes it is a great honor. Mayor Droste reviewed future regularly scheduled meetings. He noted that City Hall will be closed for the holidays on Monday December 26 and January 2. He reported the Port Authority meeting on January 3 is cancelled. Mayor Droste thanked City staff and council members for their work and dedication and extended holiday wishes to everyone. 1 Council Member DeBettignies offered thanks from his family. He sent his thanks and congratulations to all city staff and to Finance Director Jeff May for the financial excellence award. Mr. DeBettignies further thanked residents for their support and wished everyone a merry Christmas and a happy New Year. Mayor Droste moved to adjourn the meeting at 8:16 p.m. Second by Mr. Baxter. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packer is Clerk's File 2005 -52. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 20, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary