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HomeMy WebLinkAbout34251 - JANUARY - DECEMBER 2006ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 2006 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, January 3, 2006, 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 Baxter, DeBettignies, Shoe Corrigan, and Sterner attending. Staff members present were City Administrator Vcrbrugge, Director of Parks and Recreation Schultz, Communications Coordinator Cox, and Recording Secretary Domeier. The Pledge of Allegiance was said. Motion by Mayor Droste. Second by Baxter. Motion to adopt the agenda. Ayes: 5. Nays: 0. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS. Proclamation of National Mentoring Month Mayor Droste stated that for the fifth year, community leaders across the nation are identifying the month of January as National Mentoring Month. The observance is an attempt to recognize the contributions of those who serve as mentors, and bring attention to the need for additional mentors in connnunities. The organization Kids 'n Kinship facilitates mentoring in Dakota County. The organization has 107 mentors matched with 81 children in Rosemount and neighboring cities. During the month, organizations like Inds 'n Kinship will be celebrating the positive unpact of menron* both on the children who are served and on the adults who volunteer to serve them. Mayor Droste stated further information for the organization is available at 952 -892 -6368 or on its website, www.kidsnkinship.org. Motion by Mayor Droste. Second by Sterner. Motion to approve the proclamation setting January 2006 as National Mentoring Month in the City of Rosemount. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by Sterner. Second by Shoe Corrigan. Motion to approve the Consent Agenda. a. 'Minutes of December 20, 2005 Regular City Council Meeting b. Minutes of December 14, 2005 Work Session c. Bills Listings d. Receipt of Donation Community Development Department e. Naming Depositories Financial Institutions ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 3, 2006 f. Appointment of Acting Mayor g. Appointment of Weed Inspector h. Designation of the Official Newspaper i. Pavunent #13 Final Bloomfield 5 Street Utility Improvements, City Project 364 j. 2006 Solid \caste Haulers Licensing k. Award Contract for Woodland Restoration Project on Wiklund Property Ayes: 5. Nays: 0. Motion carried. LEGISLATIVE /INTERGOVERNMENTAL City Administrator Verbrugge mentioned that staff will be attending the house civil law committee meeting regarding eminent domain on January 11' in Blaine. Mr. Verbrugge further stated that the Aviation Subcommittee of the Senate Transportation Committee will meet to discuss Aix Cargo project and process on January 31 Staff plans to attend this event. Mr. Verbrugge added that he and Council Member Baxter attended an afternoon meeting today with the Foreign Trade Zone. Pine County (the City of Hinckley) and the City of Mankato also submitted Air Cargo applications. The advisory board will be reviewing the proposals and making recommendations by the end of January. ANNOUNCEMENTS Mayor Droste reviewed future regularly scheduled meetings. He noted that City Hall will be closed on January 16. Mayor Droste moved to adjourn the meeting at 7:41 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2006 01. Respectfully submitted, Amy Domeier, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 11, 2006 Pursuant to due call and notice thereof a City Council Special Work Session was held on Wednesday, January 11, 2006 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 Jentink, Parks and Recreation Director Schultz, Comtnunity Development Director Lindquist, City Planner Pearson and Communications Coordinator Cox. City Administrator requested a change of order to the agenda to accommodate the audience here to speak to the Pine Bend Cemetery issue. Mayor Droste agreed to the change of agenda. DISCUSSION Pine Bend Cemetery Parks and Recreation Director Schultz presented an update on the request for the City to consider ownership and management of the Pine Bend Cemetery. Russ Johnson was present on behalf of his sister, Bernice Wenzel, and himself, as members of the Pine Bend Cemetery Association. Mr. Schultz reported that he has contacted many organizations and found no one interested in managing the Pine Bend Cemetery. The groups contacted were: Minnesota Cemetery Association Flint Hills Resources Friends of the Mississippi River Dakota County Historical Society Area churches Mr. Johnson noted that the cemetery has a trust fund to perpetuate its maintenance. It is located on the east side of Highway 52 across from the Flint Hills Refiner'. He noted there are approximately a third of the sites still available for burials. Council Member DeBettignies inquired if there are major repairs needed in the cemetery. Mr. Johnson stated that there has been some vandalism and some headstones need replacement. Mr. Johnson said relatives are normally responsible for this type of maintenance but many of the gravesites no longer have responsible owners. Mr. Schultz reported that Debbie Bon from Chaska completed an inventory of sites in 1996. She recorded 170 gravesites and Mr. Johnson said there are possibly graves that have not been marked. It was determined that many of the graves are dated back to the Civil War, in the 1860's. Mayor Droste requested that staff check the histon of the cemetery to see if it was ever owned by the City. Mr. DeBettigines recalled from speaking with relatives that it was owned by a church in the past. Council Member Shoe Corrigan stated she would agree to the City handling the cemetery on a short -term basis until it can be turned over to another organization. Mr. Johnson passed out a news article relating the history of Koch Refining and the Pine Bend Cemetery. Council indicated they were not willing to own the cemetery unless there is a strong historical bond. Staff will search further for more history on the cemetery and contact the VF to see if it is interested in the Civil War veteran's aspect. Nlayor Droste indicated he had a contact with the State Historical Society that may be helpful. Manufactured Housing Park Closure Ordinance Community Development Director Lundquist reviewed the petition presented to Council from the Rosemount Woods Manufactured Housing Park requesting an ordinance protecting their interests in the event of redevelopment and closure of the park. City Planner Pearson evaluated examples of manufactured hone closure ordinances from Apple Valley, Bloomington, Lake Elmo, Oakdale, 1 Additional legislative discussion topics included: Robert Street Corridor Transitway Group ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 11, 2006 Shakopee and the state statutes. He than combined this information to further clarify the state protections and incorporated it in a draft form for the Rosemount Zoning Ordinance. Council Member Baxter stated he favors protection of affordable housing for manufactured housing in Rosemount which he said may not be popular but necessary. He stated he preferred the Apple Valley ordinance. Mr. Baxter encouraged the park management to continue to keep the park in compliance with property codes and well maintained. Mayor Droste questioned if this is good for the City from a public policy standpoint. He noted that there are two new manufactured home parks in Rochester, hiimesota. He stated the open market should decide if this style of affordable housing is needed. Ms. Shoe Corrigan stated she would favor establishing a zoning district to allow space for relocation of the manufactured home park. She pointed out the state regulations require a relocation site within 25 miles of the park and she did not want to make it more restrictive. Ms. Lindquist stated that only if it were the City initiating redevelopment of the park would relocation costs be incurred. She inquired if Council desired a higher threshold for a developer than state regulation. Council indicated it did not care to increase the valuation percentage. Council Member Sterner questioned if it would be appropriate to add a provision to have a park location remain within School District 196. Council majority thought this would be too restrictive. Mayor Droste directed staff to draft the manufactured home park closing language for Rosemount to clarify the closure process. City Planner Pearson noted there would be additions to the zoning ordinance and the city code. Legislative Preview City Administrator Verbrugge gave a thorough review of key legislative issues. He noted the legislative session begins on March 1, 2006, and the City wishes to communicate to our legislative delegation what is most significant to Rosemount. The hot topic for cities is the use of eminent domain for development. Council indicated it favors retaining the possible use of eminent domain only after all avenues have been exhausted on acquiring a site for the benefit of the City. Mr. Verbrugge suggested the legislature be encouraged to extend the timelines for the air cargo regional distribution center to incorporate references of the JOBZ language and alter the incentives. Mr. Verbrugge indicated that the Dakota County legislators are backing the Joint Dispatch system and bonding bills. Mr. Verbrugge presented a transportation resolution supporting the referendum in November 2006 to set aside revenue from the motor vehicle sales tax for improving the highway and transit systems. Mr. Baxter did not agree that the Constitution should be amended to provide certain percentages of tax revenue as law. Funding Regional Parks Open Space Eminent Domain No smoking issues Liquor in grocery stores 3 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 11, 2006 City Administrator Verbrugge suggested the legislative representatives be invited to a City Council meeting. Mayor Droste agreed and noted it would be wise to structure the discussion schedule. Other Items Mr. Verbrugge suggested City Council set a meeting to consider City goals and priorities. Council directed staff to arrange a Friday evening meeting for Council followed by a Saturday morning meeting including City staff. Staff will prepare possible dates for the goal setting work session. Compensation for City Council can be discussed at that meeting. Staff \vill collect data for review and any salary increases would not he effective until following the next city election. Mr. Baxter pointed out that most residents don't take on a council position for the pay compensation. Mayor Droste reviewed attendance of Council Members at upcoming community meetings. January 21 Northern Dakota County Chamber of Commerce, RCC _January. 23 Hurricane Katrina Aid Appreciation, Blackhawk Middle School February 17 LMC Leadership Training, Bloomington March 8 Partners in Progress, Eagan Mar. 12 -15 National League of Cities, Washington D.C. March 21 Rosemount State of the City Address, RCC, 7:45 a.m. March 23 Dakota Futures April 28 Minn. Mayors Annual Conference, Austin June 28 -30 Minn. League of Cities Annual Conference, St. Cloud July 22 29 Leprechaun Days Celebration UPDATES National Preservation Area Parks and Recreation Director Schultz noted that mapping for the future planning of a National Presen•arion Area has begun. The City requests to hire a consultant to index all the landowners to help with this process. Mr. Schultz noted Community Development Director Lindquist had stated that this landowner indexing would benefit that department as well. The estimated cost is $5,200. Council agreed to the use of funds from the Council Designated account. Mr. Schultz suggested the firm of Hoisington Kogler Associates for the project. CDA Project Mr. Verbrugge reported that the Public Hearing at the Planning Commission was continued to _January 24. Many of the neighbors in the Evermoor area were opposed to affordable housing on their border. Staff saw this as an educational opportunity noting that the housing is not for low income residents but work force housing. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JANUARY 11, 2006 Police Labor Negotiations Mr. Verbrugge stated that negotiations have gone well with the LELS Labor Agreements for the Police Unit and Police Supervisory Unit. The contracts for these collective bargaining units will be on the Council Agenda January 17, 2006. The Teamsters and AFSME union negotiations are underway. Purchase of Genz -Ryan Property Mr. Verbrugge reported that the Port Authority had approved a purchase price of $1.9 million for the Genz -Ryan property with the condition that a current appraisal would prove that value. An appraisal was determined at $1.78 trillion and a counter offer will he made to split the difference. Mr. Verbrugge stated the sale has not been finalized at this rime. City Administrator Review Mr. Verbrugge noted his employment anniversary is March 15 and he asked direction on the process City Council would prefer for his annual review. RAAA Community Meeting Mayor Droste reported he had attended a Rosemount Area Athletic Association (RAAA) meeting which explained the lack of adequate fields for their sports program. Council clearly agreed that athletic programs benefit the community by offering children positive ways to interact. Council Member Sterner also attended the meeting and noted that RAAA acknowledged the benefit of their attendance. Mr. Schultz pointed out RAAA serves 3,500 children, up to age 16. Mayor Droste directed that RAAA be invited to a future Parks Recreation Commission meeting. Hurricane Appreciation Event Congressman John Kline will host a gathering to thank all those who participated in aiding the victims of Hurricane Katrina. It will be held Monday, January 23, at 7:00 p.m. at the Blackhawk Middle School. Mayor Droste or Council Member DeBettigries will attend to represent the City. Mayor Droste motioned to adjourn the meeting at 9:53 p.m. The City Council's Agenda Packet is Clerk's File 2006 -02. 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, January 17, 2006, 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, Acting City Attorney Tietjen, Assistant City Administrator Weitzel, City Engineer Brotzler, and City Clerk Jent ik. The Pledge of Allegiance was said. Motion by Mayor Droste. Second by Baxter. Motion to adopt the agenda as presented. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 2006 Motion to approve the Consent Agenda. a. Minutes of January 3, 2005 Regular City Council Meeting b. Bills Listing c. Expenditure Approval from Donation Account D.A.R.E., Police Depatuuent d. Transfer /Loan Flexible Spending Account e. LELS Police Unit, Labor Agreement 2006 -2007 f. LELS Police Supen Unit, Labor Agreement 2006 2007 g. Change to 2006 Schedule of Rates and Fees h. Speed Study Request i. Receive Feasibility Report/Set Public Hearing for 132 Court West Street Utility Improvements, City Project 393 j. Set Special Meeting February 1, 2006 for Fire Station II Bid Reviews Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING: 2006 Pavement Management Project, City Project 396 City Engineer Brotzler presented the 2006 Pavement \lanagement Project, City Project 396 for street reconstruction and street rehabilitation in the Broback 10'x' Addition and Edwin Rahn Additions 1, 2, and 3. \VSB Engineer Kevin Kawlewski described the improvements and locations included in City Project 396. Mr. Kawlewski reported the estimated cost for the project at $1,426,600. He pointed out that funding from City funds is $831,290 and assessments to property owners will provide $595,310. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 2006 The assessments for the Broback area will be $2,010 per residential unit and the Edwin Rahn area will be assessed $4,400. The Edwin Rahn area is higher due to the total reconstruction of the street with storm sewer. The project schedule is as follows: Public Informational Meeting: December 7, 2005 Public Hearing January 17, 2006 Final Plan March 21, 2006 Receive Bids April 18, 2006 Construction Begins May 15, 2006 Completion Fall, 2006 Assessment Hearing Late Fall, 2006 Mayor Droste opened the Public Hearing for audience comments. Lori Boudreau, 3796 Upper 149th Street West, stated the assessment amount of $4,400 would drive her out of her home. She explained she is a single mother with limited income and asked for Council's consideration. Joe Zanmiller, 14886 Cimarron Avenue, agreed the repairs needed to be done on his street, however, he believed the assessment would be a hardship on the residents. Mt. Zanmiller noted that there are twenty -nine households who are retirees and others that are single parent families with limited income. Council Member Shoe Corrigan requested the funding process be explained, which would give residents another option to pay the assessment. City Administrator Verbrugge stated there are two options. The first option is to pay the assessment in a& after the project is done. The second option is to pat installments over a ten-year period which is collected with the property taxes. Mr. Verbrugge estimated the cost per month at $40 plus interest. Mr. DeBetdgnies stated this second method could be paid off early if desired. Mr. Brotzler estimated the interest rate would be 5.75% which is 2% over the bond rate. Ted Northwick, 3645 148th Street, recalled he paid for a storm sewer on his property and was told he would never have to pay that again. Mr. Northwick did not believe his property value would be increased by the assessed amount. He stated he had lived in Rosemount for forty years and he did not want to pay for another storm sewer. Mr. DeBettignies inquired when he was assessed before and Mr. Northwick believed it was fifteen years ago. Mr. Kawlewski reported that the feasibility report for the watermain in Mr. Northwick's area was done between 1962 and 1975. Council Member Baxter recalled that Senior Citizens could defer their assessment. Acting City Attorney Tietjen explained that seniors are able to defer their assessment until sale of the property. Ivfr. Verbrugge noted that pending assessments must be revealed prior to sale of the assessed property, but, the pending assessments can be negotiated into the sale price. Mr. Verbrugge explained the opportunity to appeal the assessment is presented at the time of the final Assessment Hearing and must be filed within ten days. Ms. Shoe Corrigan noted the appeal can be made by letter to the City Council. 1 1 Chris Maset, 3706 148 Street West, inquired about the rating system for classifying the streets. Mr. Brotzler explained that the Pavement Condition Index (PCI) was 29 and 31 for his area. Mr. Kawlewski reported the Broback Addition has curb and gutter which lowers the reconstruction cost. Mr. Kawlewski stated the Rahn additions require storm sewer improvement and curb and gutter. Ms. Shoe- Corrigan pointed out that the pavement management program's goal is to bring all streets up to a PCI of 73. Mr. Brotzler explained the program maximizes the dollars at opportune times to maintain good streets. Mr. Brotzler pointed out some recent improvement sites for residents to examine. Motion by Mayor Droste. Second by Baxter. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 2006 MOTION to close the Public Hearing for the 2006 Pavement Management Project, City Project 396. Council Member Baxter commented his obligation is to protect the resources of the community. He noted if funding contributions are changed than other needed improvements may be affected. He stated that Council owes it to its citizens to provide the best maintenance plan in an imperfect world. Mr. Baxter requested that information be provided to all residents for hardship deferments and alternate payment options. Motion by Baxter. Second by Shoe- Corrigan. MOTION to adopt a Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for the 2006 Pavement Management Project, City Project 396. Ayes: 5. Nays: 0. Motion carried. Mayor Droste further explained the steps in the construction project. Mr. Brotzler noted the phone contacts for the City and the contractor are provided to residents when the project begins. ANNOUNCEMENTS Mayor Droste announced the death of former Fire Chief Kenneth Gist on January 12. He extended thanks for his years of service to the City and offered condolences to his family on behalf of City Council. Mayor Droste reviewed future regularly scheduled meetings. A special Council Work Session will be held on February 1 at 6:30 p.m. to review Fire Station II bids. Mayor Droste moved to adjourn the meeting at 8:32 p.m. Second by Mr. Baxter. Ayes: 5. Nays: 0. The meeting was adjourned. 1 The City Council Agenda Packet is Clerk's File 2005 -03. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 17, 2006 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION FEBRUARY 7, 2006 Pursuant to due call and notice thereof the City Council held a special meeting on Tuesday, February 7, 2006, at 5:03 p.m. at the Rosemount City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the special meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan, and Sterner present. Also in attendance were City Administrator Verbrugge, Assistant City Admnistrator Weitzel, Fire Chief Aker, Public Works Superuttendent Cook, City Engineer Brotzlet, and Communications Coordinator Cox. Fire Station 11 Assistant City Administrator Weitzel presented the second bid opening results which was successful with twice the number of participants. Ms. Weitzel stated the project budget sheet had been revised due to a low bid being withdrawn on Number 13 and Number 16 (contingency) being reduced to 1130,000 which is a 6" o reduction. Ms. Weitzel and the architect recommend accepting Alternates: 1, 3, 4, 8, 9, 10, 11, and 14. Mayor Droste asked about the rock face brick. Mark Vetter explained the two pattern molds would allow for a good look with a reduction in cost. Scott Mohs, AMCOM Project Manager, stated this was a combined bid in Contract CO5 and C06. Ms. Weitzel led a discussion on the sunshade alternates requesting Council input. She noted it would be a $29,000 to $27,000 savings if the sunshades are pulled from the design. Mr. Vetter explained that sunshades are like a brim on a hat, or awning that extends out four feet from the building. Mr. Vetter stated as an environmental steward the sunshades make cooling more efficient. He stated that 75% of commercial businesses now include sunshades. Mr. Vetter noted the windows have high tech glazing which saves energy. Council agreed to remove the sunshades from the plan. Mr. Baxter inquired about soffit liner panels which cover over fasteners and are maintenance free. Ms. Shoe- Corrigan asked about the difference in the door bids. Mr. Mohs explained the alternate style door ended up being more expensive than the original specifications. Council chose to accept the original glass doors. Council directed that the landscaping on the west side be removed from the bid, but the itrigation system would be retained. Mr. Vetter noted that trees would not be allowed on the side of the building facing the street because the view would be blocked. Todd Christopherson, AMCON Construction Manager, was present to answer any additional questions. Ms. Weitzel said the project would move forward with City- Council's approval at the regular City Council meeting this evening, February 7, 2006. Mr. Motes stated shop drawings would be prepared and the project would begin between March 1 and March 15. Mr. Baxter thanked the consultants and staff for their work on Fire Station II. He noted he was pleased with the results and felt Council was well advised. Mayor Droste also stated he was appreciative. The special meeting was adjourned at 5:46 p.m. 1 1 The City Council Agenda Packet is Clerk's File 2006 -04. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION FEBRUARY 7, 2006 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 2006 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, February 21, 2006, at 7:3U p.m. in the Council Chambers at City Hall, 2875 145th Street Nest. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies, and Shoe-Corrigan attending. Staff members present were City Adnwustrator Verbnigge, Assistant City Adnurustrator Weitzel, City Attorney Mary Tietjen, City Engineer Brotzler, City Planner Pearson, Parks and Recreation Director Schultz, Communication Coordinator Cox and Recording Secretary Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated the additional information was distributed for Item 10. Settlement Agreement for Brockway /CPDC Mercury Incident for the Closed Executive. Mr. Verbrugge stated additional items for the agenda will be under the Legislative /Intergovernmental as add -ons Item 9.a. 2006 Legislative Policies and Item 9.b. Resolution Supporting Robert Street /Highway 52 Transit Study. Mr. Verbrugge also suggested moving the Announcements before the Closed Executive Session. Motion by Droste. Second by DeBettignies. Motion to adopt the agenda with the addition of Item 9. a. 2006 Legislative Policies and Item 9.b. Resolution Supporting Robert Street /Highway 52 Transit Study. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Matt Kearney, President of the Rosemount Area Hockey Association "RANA updated the Council on the status of the youth hockey program. Mr. Kearney has been busy gathering data and doing studies for the youth (ages 5 -16) hockey program. He stated the number of children involved will keep growing along with the need for a practice facility. Mr. Kearney noted collectively families have purchased ice time at other venues at an estimated cost of $32,000. Mr. Kearney appreciates the Council's continued interest in R.AHA's needs. Mayor Droste stated that Council goal setting sessions will be held on February 24 and 25 and athletic facilities are sure to be a topic of discussion. DEPARTMENT HEADS REPORTS /BUSINESS Commendation for High School Debate Team Council Member Shoe Corrigan introduced two students from Rosemount High School's debate team. Ian Cero and Carly Hurley were judged in fast place during the 105th annual State Debate Tournament, the longest- running event of the Minnesota State High School League. Mayor Droste presented certificates of appreciation to Mr. Cero and Ms. Hurley and Council, staff, and the audience applauded their accomplishment. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 2006 CONSENT AGENDA Council Member Baxter requested discussion on Item 6. e. Private Activity Tax Exempt Financing Policy. Council Member Sterner requested discussion on Item 6.k. Authorize Eminent Domain County Road 38, Phase II, Project 387. Motion by Sterner. Second by Baxter. Motion to approve the Consent Agenda, items a. through d., f. through j., and 1. through r. a. Minutes of February 7, 2006 Reguhr City Council Proceedings b. Bills Listing c. Receive Donation for Parks Recreation Department d. Expenditure Approval from the Donation Account for Parks Recreation Department c. Private Activity Tax Exempt Financing Policy f. Budget Encumbrances g. Receive Bids and Contracts for Fire Station II Project h. Authorize the Recruitment Process for GIS Technician i. Benefit Increases j. Approval of 2006 Fire Officer Stipend k. _1utl+ uze Eminent D etaun C unty Road 38, Pha3c II, City Project 337 1. Approve Council Travel m. Payment #13 Final Connemara Trail Phase II, City Project 343 n. Authorize Preparation of Plans Specifications Business Park Phase 3, City Project 402 o. 2006 Vehicle and Equipment Purchases p. Acquisition of Easements for County Road 38, Phase II, City Project 387 q. Cartegraph Software 1. Approval of Letter of Support for Hope Fund Application Ayes: 5. Nays: 0. Motion carried. 6.e. Private Activity Tax Exempt Financing Policy Council Member Baxter asked for an explanation of the policy. NIr. Verbrugge explained the Policy states under what circumstances the City Council would allow private organizations to issue debt using the City's name and tax exempt status in order to reduce interest costs. Mr. Verbrugge noted the application fee is non refundable. Currently, the City has two entities interested in tax exempt financing: a non profit organization and Flint Hills Resources. Council Member Baxter questioned if the Council will feel obligated to approve a project with the proposed process as is and suggested the project should be approved before the City accepts the fee. Mr. Verbrugge responded that once the debt is issued, the planning process will begin followed by the final approval. If an applicant is an acceptable user it does not obligate the Council to approve the project. Council Member Shoe Corrigan added there will be costs associated with the planning process so either way costs will be associated with the application. Once the plan is approved, then the City would be more willing to approve the financing. 2 1 Mayor Droste questioned when during the process the City receives the fees. Mr. Verbrugge stated the $5,000 non refundable application fee is due at the fast request. Mayor Droste added that many cities provide this opportunity. Council Member Baxter stated he would like to redraft the language of the policy. Mr. Verbrugge stated the Council will have to adopt the policy and then set the date of the public hearing. Motion by Baxter. Second by Shoe Corrigan. Motion to table Item 6.e. Private Activity Tax Exempt Financing Policy to March 6, 2006. Ayes: 5. Nays: 0. Motion carried. 6.k. Authorize Eminent Domain County Road 38, Phase 11, City Project 387 Council Member Sterner asked for more information regarding the eminent domain process for the project. City Engineer Brotzler showed Council a map that included the Phase II project. Mr. Brotzler stated the background of the project and the schedule to move forward. Offers were made to all property owners three weeks ago and to date, three property owners have agreed to the offers made. All property owners have had an opportunity to discuss the appraisals. By using the eminent domain process the City will be able to keep the project on schedule. The City will be able to negotiate with the property owners during the eminent domain process. Council Member Sterner asked for the expected finish date. Mr. Brotzler responded that a majority of the work from Highway 3 to Akron Avenue is scheduled to be completed this year. Motion by Sterner. Second by Baxter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 2006 Motion to Adopt a Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain. Ayes: 5. Nays: 0. Motion carried. NEW BUSINESS County Road 46 and Highway 3 Comprehensive Plan Amendment, Planning Case 05 -11 -CP City Planner Rick Pearson reviewed the staff report and presented aerial photographs of the area to the Council. Staff initiated an amendment to the Comprehensive Plan to designate Land for commercial use at the County Road 46 and State Highway 3 (South Robert Trail) intersection. The Planning Commission had previously discussed the concept at work sessions in February and March of 2005. At that time, the Planning Commission directed staff to update the C -3 Highway Service and C -4 General Commercial zoning district standards. With that task now complete, the Comprehensive Plan amendment process can proceed. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 2006 The area is approximately 92 acres on either side of Highway 3, north of County Road 46. It includes seven different parcels; some are portions of right -of -way associated with the old alignment of Highway 3. The Planning Commission indicated a preference for the west side of Highway 3 allowing automobile and repair shop related uses typical of the C -3, Highway Service Commercial district. The west side of Highway 3 also lends itself for relocation opportunities for businesses originating in the downtown redevelopment area. It is expected that retail uses wholly enclosed in a structure will occur on the east side of Highway 3 consistent with the intent of the General Commercial C -4 zoning district. Mr. Pearson stated written comments were received from property owners who were in support of the amendment including Robert Carlson of CarNav Five, owner of approximately 40 acres straddling Highway 3; fern' .Anderson of AAA Auto who has an option on a portion of the Car Nay Five property; and Gary Pahl who owns about 32 acres in the amendment area. Representatives of the SemStream property, the most southern property, are opposed to the land use amendment and have indicated that they intend to expand the existing office building. The action will make their use non conforming and Semstream would not be able to expand or grow. It would be difficult to find an alternative conforming site due to permitting issues and their desire to maintain railroad access. The Commission recommended approval of the Guide Plan Amendment as proposed, including the SemStream property. Council Member Baxter clarified that SemStream would not be able to expand or increase its office space. Mr. Pearson stated SemStream would not be able to expand due to the non conforming status. Council Member Shoe Corrigan questioned the property east of the railroad and west of Highway 3. Mr. Pearson noted the site was the former City dump and would not be capable of sustaining a building. Council Member DeBettignies added it does qualify as a waste management site. Council Member Sterner asked if a cost assessment had been done to relocate the SemStream tanks. Mr. Pearson stated an assessment has not been done. Motion by Shoe- Corrigan. Second by DeBettignies. Council Member Sterner doesn't consider the tanks feasible to move and would favor the rezoning without the SemStream property included. Council Member Shoe- Corrigan restated the fact that SemStream can continue to maintain its business but would not be able to expand. Council Member DeBettignies added the tanks have a concrete base and would be moveable. Motion to adopt an amendment to the Comprehensive Plan to change the land use designation for 92 acres along both sides of State Highway 3 and north of County Road 46 to Commercial. Ayes: DeBettignies, Shoe- Corrigan, Droste and Baxter. Nays: Sterner. Motion carried. LEGISLATIVE /INTERGOVERNMENTAL 2006 Legislative Policies City Administrator Verbrugge stated the 2006 Legislative Session will begin on March 1, 2006. As in the past, it is important for the Council to review key legislative issues and identify any issues for which specific positions should be taken and communicated to our legislative delegation. The most significant issue at the Capitol this year that will affect Rosemount is the proposed action to restrict eminent domabn. He bother added that having been selected to be the host community for the proposed International Economic Development Zone and Regional Distribution Center, legislation pursued by the Greater Metropolitan Area Foreign Trade Zone will be of high interest to the City. Mr. Verbrugge reviewed in detail the 2006 Legislative Policies for the City of Rosemount. Mayor Droste requested that the policies be posted on the City's website and thanked Mr. Verbrugge for his hard work on the policy. Motion by Shoe Corrigan. Second by Baxter. Motion to Approve the City of Rosemount 2006 Legislative Priorities. Ayes: 5. Nays: 0. Motion carried. Ayes: DeBettignies, Shoe Corrigan, Droste and Baxter. Nays: Sterner. Motion carried. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 2006 Resolution Supporting Robert Street/Highway 52 Transit Study City Administrator Verbrugge explained the need for the support of the corridor study. The corridor study will be the primary method to determine the appropriate transportation solutions to compliment the existing roadway system in this fast growing area of the region. The sample resolution is consistent with the City Council's interest in promoting transportation and transit solutions that will serve the residents of Rosemount. Upon approval, the resolution will be forwarded to Dakota County officials who are gathering resolutions of support from other Dakota County communities. Motion by Sterner. Second by DeBettignies. Motion to Approve the sample resolution in support of state funding for the Robert Street Transitway Corridor. ANNOUNCEMENTS lvlayor Droste reviewed the upcoming regularly scheduled meetings. Mayor Droste also announced the City Council will be holding special meetings at Fire Station No. 1 on Friday, February 24 and Saturday, February 25 as part of the annual goal setting sessions. On Monday, February 27, the City Council will hold a special meeting to interview candidates for the various commission openings. The regular scheduled Port Authority and City Council Meetings for March 7 will be held on Monday, March 6 due to the State caucuses. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 21, 2006 CLOSED EXECUTIVE SESSION Due to attorney -client privileged discussions, a Closed Executive Session was held at 8:52 p.m. regarding the Settlement Agreement for Brockway /CPDC Mercury Incident. The Council did not take any action on the item. The City Council regular meeting reconvened at 9:12 p.m. Mayor Droste moved to adjourn the meeting at 9:12 p.m. Second by Council Member Baxter. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Amy Domeier, Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2006 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, March 6, 2006, 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- Cortigan attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz, Finance Director May and Recording Secretary Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge noted one correction to the agenda. Item 6.1. on the Consent Agenda should be moved to Old Business, Item 7.a. Motion by Droste. Second by Baxter. Motion to adopt the Agenda with the addition of Old Business Item 7. a. Private Activity Tax- Exempt Financing Policy. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by Shoe Corrigan Motion to approve the Consent Agenda, Items a. through k. a. Minutes of February 7, 2006 City Council Special Work Session Proceedings b. Minutes of February 21, 2006 Regular City Council Proceedings c. Bills Listing d. Acquisition of Easements County Road 38, Phase II, City Project 387 e. Authorize Preparation of Plans and Specifications Evermoor Crosscroft 3 Addition, City Project 403 f. Receive Donation Parks Recreation Department g. Receive Donation Police Equipment Fund h. Authorize Purchase of Two GPS Units i. Receive Tobacco Settlement Money as a Donation Administration Department j. Set Public Hearing for New Liquor License Application k. Appoint Representative to Library Design Committee Ayes: 5. Nays: 0. Motion carried. 1 1 1 Motion by Sterner. Second by DeBettignies. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 6, 2006 OLD BUSINESS 7.a. Private Activity Tax Exempt Financing Policy City Administrator Verbrugge reviewed the staff report. The policy was originally on the February 21, 2006 agenda for consideration and tabled at that time to allow for additional language to be added to the policy to make it clear that the applicant was taking all risks associated with the application for the special financing. The additional language appears in three different places in the policy: 1) In Section 8 of the Guidelines; 2) As a last sentence in the application right above the applicant's signature line; and 3) In Paragraph 4 of the Indemnification Letter. This additional language would seem to serve the City as a disclaimer on its part that any risks for approval of the project rest with the applicant and not the City. Council Member Baxter srated he was comfortable with the language that was added. The goal was to ensure the applicant understood the risks associated with the project. Motion to adopt a Private Activity Tax Exempt Financing Policy for the City of Rosemount. ANNOUNCEMENTS Mayor Droste reviewed the upcoming regularly scheduled meetings. Mayor Droste also announced that on March 8, 2006, Dakota County will be hosting its annual Partners in Progress event at the Royal Cliff in Eagan. Mayor Droste moved to adjourn the meeting at 7:38 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Amy Domeier, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 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, March 21, 2006, 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 Sterner, Baxter, DeBettignies, and Shoe Corrigan attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Finance Director May, Communications Coordinator Cox, Chief of Police Iialstabakken, Fire Chief Aker, and Recording Secretary Burr. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge requested the addition of Item 6.q. to the Consent Agenda, Receive Donations Parks Recreation, as well as the addition of Item 9.c. under New Business, Appointments to the Planning, Parks Recreation, and Utilities Commissions. Mr. Verbrugge also noted the addition of 5.b., a verbal presentation under Department Heads Reports that will concern American Legion honoring members of police and fire departments List weekend. Motion by Droste. Second by Baxter, Motion to adopt the Agenda with We addition of 5.b., 6.q. and 9.c. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Proclamation of National Volunteer Week Mayor Droste reported for the third straight year, the City Council will seek to recognize some of the thousands of members of the community who devote their time and effort to volunteer work. The proposed proclamation would declare the week of April 24'' through 28" as National Volunteer Week in Rosemount. In the words of the proposed proclamation, "the City of Rosemount, Minnesota benefits greatly from the volunteer efforts of its citizens to meet social needs," and "volunteering promotes fellowship and unity, as well as increased community awareness and the maintenance of [Rosemount's] quality of life." Motion by Droste. Second by Sterner. Motion to approve the proclamation. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Mayor Droste continued, as part of the observance, the City Council is asking the public to make nominations of volunteers in Rosemount who can be honored during the regular meeting of the Council nearest to Volunteer Week. That meeting will occur on April 18. The Council wants to brung public recognition to those who can "inspire us by example." Both individuals and entire groups can be nominated. Residents who can share nominations with the City should telephone City Hall by March 31. Details are on the City website in the "News" section. 5.b. American Legion Recognition of Police Officer and Firefighter Police Chief Kalstabakken stated every year the Legion recognizes a police officer and firefighter of the year. It is held in conjunction with the Post's anniversary parry, which was last weekend. The officer for 2005 was Lieutenant Dwayne Kuhns, recognized for his efforts that he puts forth on a daily basis to keep the department running. He takes care of things that may not be noticed but are important. If someone has a question about who does what in the department, everyone knows to ask Dwayne. Mr. Kalstabakken noted as Lieutenant Kuhns prepares to retire during this coming summer, it is becoming more apparent the number of things that he does. In addition to his vast knowledge, he has an unquestionable dedication to lus job as well as the community, which is evidenced by the amount of time and willingness he devotes to the City, frequently on short notice. Mr. Kalstabakken recalled three years ago when the mercury release occurred, Dwayne spent a considerable amount of time for the next several days representing the police department at a number of meetings and assisting the public. Dwayne has also created a culture in the organization that promotes a sense of balance. The respect and dedication that he shows to his family is evident in the way he speaks about them and the amount of time he devotes to them. Mayor Droste congratulated Lieutenant Kuhns. He stated he has been impressed over the last three years with how he responds and how he is able to educate on some of the small, intricate details that some may not associate with the police department. Fire Chief Aker stated Tim Buyck, a firefighter, was also recognized by the Legion. He joined the department in 1998 and became very active immediately. He has received this award previously and is the only 2 -time recipient of this award in the department. Mr. Aker noted that when the nomination process is initiated, all the firefighters have input into the process. Some of the comments about Tim were his unbelievable willingness to 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 help new firefighters, which has helped with the recent expansion of the department, as well as his ability to answer questions and nuke them feel welcome. The most recognized trait he brings to the department is his willingness to help out, whether it is at an emergency scene or a committee he serves on, fire prevention activities, or cleaning around the station. Mr. Aker stated Rosemount is lucky to have Tim serving in the community and making it a safer and better place to live. Mayor Droste congratulated Mr. Buyck for all the work he does for the City. Mayor Droste thanked the Legion for sponsoring this recognition for police officers and firefighters every year. He noted his appreciation for the work the Legion does for the City every year in other ways. CONSENT AGENDA Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda, Items a. through p. with addition of Item 6.q., Receive Donations Parks Recreation. a. Minutes of the March 6, 2006 Regular City Council Proceedings. b. Minutes of the February 15, 2006 Special Council Proceedings c. Bills Listing d. Expenditure of Funds from Donation Account DARE e. Approve Expenditure of Funds from the Police Equipment Fund f. Approve Joint Powers Agreement /Authorize Feasibility Report and Plans Specifications County Road 73 Improvements, City Project 399 g. Approve Agreement with Xcel Energy for Utility Relocation Design Old County Road 38, City Project 387 h. Acquisition of Easements County Road 38, Phase II, Citv Project 387 i. Authorize Eminent Domain, GlenRose of Rosemount, City Project 397 j. Local Support for Lebanon Hills Regional Park Stormwater Management Funding Request k. Harmony 4'" Addition (CPDC) Final Plat 06 -11 -FP 1. Flint Hills Resources Relocation of Existing Trailer Complex Interim Use Permit 06 12 IUP m. Authorize Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension n. Rezoning and Reguiding of Claret Springs East Townhomes; Wachter Lake Condominiums; and Carrousel Plaza Townhomes, Cases: 06 -1 7 -Z.-1, 06- 18 -ZA, 06 -19 -ZA o. Reimbursement Intent Resolution for Flint Hills p. Set Public Hearing for Mankato Rehabilitation Center, Inc. (MRCI) Private Activity Tax Exempt Financing q. Receive Donations Parks Recreation Ayes: 5. Nays: 0. Motion carried. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 PUBLIC HEARING 7.a. Application for Off -Sale Liquor License for MGM Wine Spirits Inc. Police Chief Kalstabakken stated the applicant has applied for an off -sale liquor license for a site located at 14865 South Robert Trail in the Rosemount Crossings Shopping Center. It would be located on the northern end of the Rosemount Crossing strip mall. Mr. Kalstabakken stated this license would not become effective until July 1, which is when the current City Code allows for additional off -sale licenses to be granted. A background investigation was completed on the officers of MGM and the current operations of the other stores in the Metro were looked at. There are limited violations at those 18 stores. There were five violations, and of those five, they were limited to three stores. Additionally, there have not been any violations since 2002. Mt. Kalstabakken stated with 18 sites, 5 violations over the time period looked at is not something to be greatly concerned with. The police will continue to do compliance checks. Because MGM does not have a license, they have not appointed a manager for that site. If approved, it would be contingent upon a successful background completion of the management applicant. He noted the applicant is present in the audience. Council Member Shoe Corrigan asked for the exact location of the site, inquiring whether it is on the corner. Police Chief responded no, the tenant bay would be one in from the corner. Mayor Droste invited the applicant to address the Council. Paul Seder, MGM, stated he looks forward to doing business in the City of Rosemount. Mayor Droste opened the public hearing at 7:46 p.m. Mark Riling, managing general partner of Rosemount Crossings Shopping Center, stated he is familiar with MGM as they are a tenant in another center he manages. They are an excellent tenant and he recommends support for their approval of the liquor license. Charles Krist, owner of Rosemount Liquor Mart, stated when the Council voted to change the ordinance, he was under the impression that the application process would start July 1. He asked if the store is now going to be open July 1 rather than the process beginning on July 1. Mr. Krist rioted the impression had been given that the applications would be taken July 1 and another 30 days or 2 months would pass before it is in use. Those are the busiest 30 days for his business and that opening date does make a difference. Police Chief Kalstabakken responded the ordinance stated the license would be available July 1. If the application was available prior to July 1, it could be issued on July 1. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Council Member Shoe Corrigan asked if the applicant will be working on the physical site in advance so they can start their business July 1. Police Chief Kalstabakken responded that is an answer to be given by the applicant. He believes the reason they put in their application now is so they can begin work after it is approved. The in tention was to do this portion first so MGM could know they would have a license available prior to hiring staff. Mayor Droste added within the last six months the City approved a license of a restaurant, but it never opened. The Council is assuming the applicant in this case will follow through, but that is up to the business. They cannot occupy the building until they meet City Codes. There are other approvals they will have to receive; the Council does nor control that. Mr. Krist asked if the applicant will effectively know tonight if they have the license. Mayor Droste responded yes, subject to the conditions. Council Member Sterner asked if the inventory can be purchased prior to July 1 but not sold until that date. Ms. Lindquist responded unless Council says differently, they can stock their shelves but cannot sell before they get the license. Her interpretation is the building staff will be issuing a building permit and certificate of occupancy when appropriate so they can open as soon as they receive the liquor license. Motion by Droste. Second by DeBettignies. Motion to close the public hearing. Ayes: 5. Nays: 0. Motion carried. The public hearing was closed at 7:53 p.m. Council Member DeBettignies noted the Council has not gone through the approval of the manager on the site yet. He asked if there will be another public hearing to hear the approval of a manager. Police Chief Kalstabakken stated no, there will not be a public hearing. Every person who has a liquor license now, as managers change, is supposed to provide the City with the information so checks on the managers can be done administratively. Council Member Shoe Corrigan stated when Chief Kalstabakken gave the explanation, she was under the impression, as Mr. Krist was, that the Council was not even going to consider applications for licenses until July 1. She is excited to have MGM in Rosemount Crossings and believes they will be an asset to that center, but she is confused about that process and the timeline. She asked what other staff and Councilmembers remember. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 City Administrator Verbrugge stated Chief Kalstabakken is correct; it was staff's interpretation that the City will process applications prior to July 1, and he believes that was shared with the Council. The license will be available July 1. Mayor Droste stated there was a lot of discussion at that time, whether it was to be six months or a year, and there may have been a lot of comments by Council Members about the timeline. However, it is up to the applicant when they will open. Council Member Shoe Corrigan stated her position on the liquor license was to do it immediately, and she remembers there was a compromise. She stated there is a good candidate here, but she believes she has been duped a bit in how this is supposed to work. She stated she will not deny the liquor license, but it was not clear to her about how soon the City would see another liquor store. That is why she wanted to wait six months, not a year. Councilmember Sterner stated he would feel more comfortable if the inventory was not purchased until July 1 so it is not just sitting on the shelf. There may be security concerns. Mayor Droste responded how a business prepares to open is their expertise. How long they put things on the shelf, consumers will never know once it is open. Councilmember Shoe Corrigan added it is the store's risk as well. Mayor Droste continued he presumes it is highly secure with the inventory in there. However, the City does not have additional rules for liquor stores as far as security. Police Chief Kalstabakken concurred. Councilmember Sterner asked if there is additional risk that the inventory will be sold prior to July 1 if the inventory is there. Mayor Droste stated the license will not allow them to open until July 1. Police Chief noted July 1 is a Saturday this year, so the pickup of the license will have to be coordinated. He noted Rudy's was not issued the liquor license until Friday afternoon, and they opened on a Saturday. He stated he believes they had alcohol on site prior to Friday. Council Member Sterner asked for clarification regarding whether the applicant will be able to buy as much liquor as they want but will be unable to sell it until July 1. Police Chief Kalstabakken responded that understanding is correct. Motion by DeBettignies. Second by Droste. Motion to approve an Off -Sale Liquor License for MGM Wine Spirits, Inc. to be located at 14865 South Robert Trail to be effective July 1, 2006, and is contingent upon a successful background investigation of a named manager of the site. Ayes: 5. Nays: 0. Motion carried. OLD BUSINESS None. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 NEW BUSINESS 9.a. Dakota Enterprises, Ltd. Expansion Site Plan Review 05 -60 -SP Community Development Director Lindquist stated this represents an amended site plan from the original application brought to the City and is something the staff and applicant have closely worked together on. She noted there are two components: there will be a building expansion in the west, and there will be a new outside storage area, in the northwest corner of the property. Ms. Lindquist noted the site currently has a fair amount of outside storage. She described the changes that will be made to the outside storage. There is no net increase in outside storage because the applicant is consolidating the outside storage and moving it to the north in a more organized fashion. Ms. Lindquist noted the other issues that the City staff had raised regarding the site plan had to do with the screening and landscaping requirements. The plan does increase the screening. The applicant does intend to continue having a cedar fence similar to what is there now, which will be for safety and security issues. Because the applicant meets the ordinance requirement for landscaping, staff is comfortable with the screening. The applicant has indicated a couple of ideas for the open area in the northeast in the future, but for now it will be the open space. Ms. Lindquist stated staff is recommending approval of the plan with three conditions which relate to changes in the building elevations, a final grading and drainage plan, and the understanding that future construction in the northeast area of the site will require additional landscaping consistent with the ordinance. She noted the applicant is present to answer questions. Mayor Droste invited the applicant to address the Council. Torn Englemeier, applicant and owner of Dakota Fence, stated the company began in 1986 and has been in Rosemount since 1987. It is critical to be able to expand now; and if he is unable to, a move elsewhere will be required which would create upheaval for employees' families. He stated the company likes being in Rosemount and looks forward to being part of the business community for years to come. Council Member Baxter noted the Council has received a lot of materials from the applicant's attorney. He asked if the applicant is happy with the resolution that has been reached. 1 Mr. Englemeier responded he has 10 acres, and there are 2 or 3 acres that will not be used. It is not perfect, but in the future he may be able to get more money to have additional inside storage. He noted there are 2.9 acres of green space, which is not ideal. However, the alternative is to argue with the City and waste time. He stated he can live with the compromise. Darcy Erickson, attorney with LeVander, Gillen Miller, introduced herself to the Council and stated she is appearing for Attorney Jay Karlovich who had other municipality obligations this evening. Motion by Sterner. Second by Shoe Corrigan. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Motion to approve a resolution granting site plan approval for Dakota Fence at 15953 Biscayne Avenue. Council Member Baxter commented he is aware of the reputation that Dakota Fence has in the City and views them as a very important business in this town. He would like to point out that City staff has an obligation to protect the zoning regulations and planning uses and the laws that are ordinances of this community. Sometimes that results in conflict between valuable citizens and valuable staff. He is pleased that the staff worked hard and the applicant showed flexibility in working for a resolution that meets the needs of the existing businesses in this community and also for the future of this community. Council Member Baxter commended Ms. Lindquist and Dakota Fence in coming to this resolution. 9.b. Approval of an Ordinance Amending Ordinance No. XXI.12 Community Development Director Lindquist stated this ordinance is to facilitate the site plan just approved. In February the Council passed a moratorium affecting properties zoned BP -1 with outside storage. This ordinance would amend that language to exempt projects for which site plan applications were submitted prior to the adoption of the moratorium, which in this case is Dakota Fence. This ordinance will allow them to move forward. Council Member Sterner inquired if this ordinance is permanent or temporary. Ms. Lindquist responded the moratorium ordnance is called an interim ordinance because it operates for a specific time period. The current moratorium is good until May 1. Ms. Lindquist noted tonight the Council is exempting Dakota Fence from the moratorium, but it will be in effect for other properties zoned BP -1 with outside storage. Motion by DeBettignies. Second by Stemer. Motion to adopt an ordinance amending Ordinance No. XXI12. Ayes: 5. 1 Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 9.c. Commissioner Appointments City Administrator Verbrugge stated the City received applications for open seats on the Planning, Parks and Recreation, and Utilities Commissioners. The Council interviewed the applicants, and at this time the Council can make appointments to the various Commissions. Motion by DeBettignies. Second by Baxter. Motion to fill the Commission vacancies as follows: Jay Palda to a 3 -year term on Planning Commission Dianne Howell to a 3 -year term on Planning Commission Jeanne Schwartz to remaining 2 years of 3 -year term on Planning Commission Jason Eisold to 3 -year term on Parks Recreation Commission Shawn Mullnern to 3 -year term on Utilities Commission Ayes: 5. Nays: 0. Motion carried. Mayor Droste stated in the last three years, the City has received more applications than spots available, so it makes it difficult to choose. He thanked all the citizens who applied for the openings and thanked the Commission members who will be leaving. He noted the City appreciates the work they do. ANNOUNCEMENTS City Administrator Verbrugge invited the Council to be in attendance at the DCTC College Showcase on the 29th. Council Member Baxter congratulated Lieutenant Kuhns and Firefighter Buyck. He also congratulated Mayor Droste on delivering the State of the City address this morning, noting it was very well done and very well attended. Council Member Baxter added four weeks ago he met with a couple people who appeared before the Council who were opposed to the CDA project and questioned the process the Council went through and questioned the communication. It was a productive meeting. The Council in its goal session talked about the issue of communication. He stated the Council is trying to listen to the citizens. Things are communicated differently today than they are in the past. He noted the Council has asked staff to look at different ways to communicate to people. He encouraged people to offer suggestions about better ways to communicate; because that is something the Council would like to improve. Mayor Droste reviewed regularly scheduled meetings on the City calendar. He noted there will be a groundbreaking at the new fire station on April 4 at 5:30 p.m. Anyone in die public who would like to attend is welcome. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Mayor Droste noted that following the airing of this Council meeting, there will be a replay of the recording of the State of the City address that was delivered this morning. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:23 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Allison Burr, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Pursuant to call and notice thereof, a City Council Special Work Session was held on Wednesday, March 22, 2006, at 6:33 p.m. in the Council Chambers at City Hall, 2875 145 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 Engineer Brotzler, Community Development Director Lindquist, Assistant Planner Lindahl, and Recording Secretary Burr. DISCUSSION 2.a. JJ T Final Plat Subdivision Agreement City Engineer Brotzler stated this is a unique project which is why this final plat is before the Council in a work session rather than a standard Council meeting. He noted the memo outlines the project that has been proposed by JJT. The plat being proposed includes the extension of Boulder Avenue. The alignment is such that the right -of -way and road improvements would be constructed on property that is owned by the City. The 10 acres was acquired by the City as a settlement agreement that dates back to 2001 /2002. The shape of the10 acres on the plat map, Outlot B, was a compromise with the Pahl's. The 10 acre site will be used for a water treatment facility in the future and it is staff's expectation that the shape of the site will be reconfigured with future development. Mr. Brotzler continued what makes this situation unique is in the subdivision agreement, staff is recommending that right -of -way that is necessary to be dedicated from the City, the dev eloper compensate the City $1.85 per square foot, which is $76,000. The developer would bear the full cost of the improvements of constructing the streets within that area of the right -of -way. What makes this different is if this were privately owned, that cost would be split among property owners. However, the City would not necessarily assess properties for the improvements; it would be the developer's responsibility. Mr. Brotzler stated the developer is requesting Council consideration to not charge for the right -of -way dedication and to consider participating in half of the street costs for the project portion adjacent to the City property. That is why it was delayed from last night's Council session, so that there could be discussion before bringing it to the Council for action. Community Development Director Lindquist stated the financial issue is the only issue with the plat. Outlot B is a temporary parcel. The City has a verbal agreement with the Pahl's that the City will renegotiate upon development of the business park so a treatment plant can be there. The original thought was the Pahl's would develop and the City would get a different 10 acres, and the Pauls would be responsible for project development costs. Mr. Brotzler referenced citations in the memo where a similar approach was taken in other development projects. Those improvements were necessary for the development to occur, but the City was not in a situation to participate because the dollars were not available. In both instances the developers chose to pay for those offsite improvement costs to proceed with their schedule. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Ms. Lindquist stated the $1.85 per square foot comes from the County purchase; that number has been consistent. Council Member Baxter asked if, in order to get the right of way, the City pay the person for this property were it owned by an individual. Mr. Brotzler responded if Outlot B was owned by a private party and the City was going to facilitate the acquisition of that property, the City would pay the owner of Out lot B, but the proceeds used to pay would come from the JJT project. The City would not pay the cost; the developer would. Council Member Baxter clarified this would be consistent with past practice. Mr. Brotzler responded yes. Mayor Droste stated once the Pauls come forward with a complete development parcel, there might be some shifting of the parcel. Ms. Lindquist stated the City had previously TIF'd this area, so the Council may recognize that facilitating the road construction promotes economic development. The City- could look at it as an investment in infrastructure because the City did do things to jumpstart this area. She stated she believes ))T should pay something, but this is also an area where the City wants things to start moving Mr. Brotzler stated the out -of- pocket cost to the City is about $30,000 an acre for the water treatment site. The actual cost four years ago was based on a $30,000 an acre rate, which is something to consider. Mr. Brotzler stated $30,000 would calculate to about 70 cents per square foot although he would want to verify the City's outlay since there were also legal costs associated with getting the parcel recorded. Jack Matasosky, JET Partners, stated this cost would be a pass through item to the two initial buyers in the park. Ms. Lindquist noted there was a discussion about truncating the road. Mr. Matasosky responded that really limits the development of the first three lots. Ms. Lindquist added an idea was to service the first two businesses with a cul -de -sac until the Pawls moved forward on development. Council Member Shoe Corrigan asked why the Pahl's do not contribute now. Ms. Lindquist responded they do not contribute because they do not own it now. The Pahl's are negotiating with various parties interested in purchasing their property and they will most likely let the developer pay the cost of infrastructure. Mr. Brotzler stated in the settlement, the configuration of Outlot B was agreed to with the Pahl's in November of 2002. It was not recorded because there were back tax issues that 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 needed to be worked out. The shape of the parcel was defined. The recording happened in June 2005. Council Member Shoe Corrigan asked if there is a clean way for the City to pay its half and then attach the rest to the title and have the developer will pay the second half. Mr. Brotzler stated that would be a calculated risk that the City would be able to demonstrate the increased value of this land. He stated the one issue is the $1.85 per square feet for the right -of way the City will dedicate. The second issue is the actual cost to physically build the road in that right -of -way. Council Member Baxter asked if the Pahl's would be assessed if they owned this property. Mr. Brotzler responded the City would not assess another property owner to facilitate DT's development. In the past the developer has paid the cost so there is no burden on an adjacent non developing property. Council Member DeBettignies stated the City has $30,000 invested into the right -of -way. He suggested the City differentiate the amount invested and bring it down to about 70 cents per square foot; then JJT will just be paying for the differential. Mayor Droste stated he is in agreement with Council Member DeBettignies. Ms. Lindquist clarified when the City renegotiates with the Pahl's, it will be 9 acres because the City is selling 1 acre through the right -of -way dedication. Council Member DeBettignies explained to Bruce Rydeen and Jack Matasosky that the City has lost almost $1 million in revenue from the State, so the City has had to tighten its belt. Mr. Matasosky stated the developer was excited about this property. It is an ideal spot to develop industry. The two customers are pushing back on this issue because it is hard to explain how he has to buy it from the City, put in the road, and then give it back to the City. Council Member DeBettignies stated this will be consistent with past projects so that no precedent is being set. For the right -of -way, it would be about 69 cents per square foot. Then the developer pays for the street improvements. Council Member Sterner arrived at 7:08 p.m. Mayor Droste stated the first item under consideration is there will be a reduced rate of 70 cents. Mr. Brotzler stated he believes the $30,000 figure is the approximate cost; he will go back and verify that. Mayor Droste stated regarding street and utility improvements, that is the cost of development. Mr. Matasosky responded he understands and thanked the Council for its consideration. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 2. b. Implementation of Comprehensive Plan Amendment Community Development Director Lindquist stated this relates to the re- guiding of the 42/52 area the Council approved in July. She stated she would like to talk about the larger implementation issue before dealing with a specific site. Ms. Lindquist continued in July the City redid the Comprehensive Plan. State law requires that the City bring zoning into compliance with the Comprehensive Plan. The residential was not an issue. The intent was to rezone when development occurred. The question is when business park land will be rezoned to bring it into compliance. Ms Lindquist indicated the question is the Council's comfort where the guide plan is inconsistent with the rezoning. She indicated Mr. LeFevere feels it is best to rezone when possible, for it provides best surety for the City. Ms. Lindquist continued there are other options for these homeowners. The City could make a nonconforming permit. However, there are tunes when the City does not want nonconfortnities to expand and the City will have a hard time picking and choosing. She stated for the business park area to the north, it might make sense to not rezone the residential until sometime in the future. Currently all those properties are zoned agricultural. She noted Mr. LeFevere suggested the City may want to rezone some of the areas it feels comfortable rezoning, or rezone if they are vacant to not encourage development inconsistent with the long -term vision for the area. Mayor Droste clarified this will not impact people's taxes if someone is farming and they are rezoned residential. Ms. Lindquist stated that is what the County says. However, when development starts to occur, property values may go up. Mayor Droste stated the other concern is the City has gone through some developments. Because it was not zoned based on what it was guided, sometimes it created controversy when someone wants to develop it a certain way when the City has it guided a different way. It puts the City into a difficult situation. Ms. Lindquist stated by not zoning, it makes it more difficult for the expectations of adjoining property owners. She stated she is not interested in rezoning the residential. It is much easier for the City to deny it without having inconsistencies with the ordinance. Ms. Lindquist added she has been in cities where the plat meets every performance standard but the City does not like it and has no ability to make changes when there are no variances associated with the project.. Ms. Lindquist stated this is something the City can revisit. The ALTAR is a year -long process. She expects some developers will be coming in for concept review. She expects people know the area north of County Road 42, east of the current residential development will develop as residential. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Council Member Shoe Corrigan asked if the City should be looking at parcels that should be scheduled for zoning over the next couple of years. Ms. Lindquist responded affirmatively, adding the first thing that comes to mind is Flint Hills. She cannot imagine they will care if they are rezoned from agriculture to industrial. Mayor Droste stated one concern he has is the public process. When the City rezones land, a public hearing is required for each parcel. He wants to ensure this process is well communicated. Ms. Lindquist stated over the course of the next year, the City will review certain parcels and staff will come to the Council at a workshop with recommendations on what should be rezoned sooner rather than later. The Council Members concurred. Council Member Baxter asked if that can be put on the website or in the newspaper. Mayor Droste stated that may create some alarm. He suggested when staff comes back and the Council readdresses the specific parcels public information could be provided. Council Member Baxter stated he agrees with the plan but it should be communicated to the citizens early. Mr. Verbrugge stated staff will work on something. Lindquist cautioned staff will likely get a number of inquiries about when people will be rezoned, and staff will not be able to say when. Council Member Sterner asked if there is a way to go about this without impeding current business owners and residents. Ms. Lindquist stated that can be done if the City never changed their zoning or guiding. But then the City would not have any say in what goes on. Council Member Shoe- Corrigan stated this plan is to be proactive: alternatively, the City can be reactive to situations when they arise. Mayor Droste agreed, noting that can create conflict. Council Member DeBettignies stated zoning needs to be clear now so that if the property is sold, the buyer knows what the options are. Ms. Lindquist stated the Comp Plan is supposed to provide a higher level of certainty. Council Member Shoe Corrigan stated part of the reason the City has a Comp Plan is because the Met Council wants to make sure the suburbs are developing in a way that makes sense in terms of the larger urban community. Ms. Lindquist stated she has spoken with Carol Hickman over the last few weeks regarding Vic's Crane. Currently Vic's Crane is zoned general industrial and is conforming use. They want to maintain the business and expand. She stated she spoke with Mr. LeFevere about this issue also. The building plans ate an upgrade from the current facility and the architect has indicated it would comply with the Business Park performance standards. The question is this long term, short -term land use issue. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Ms. Lindquist indicated there are a couple options: the City can rezone now and make Vic's Crane nonconforming and reinforce the property will ultimately be a combination of Business Park and Commercial as guided in July. The other choice is to allow them to remodel and then rezone them. The third option, if the Council feels on a long-term basis Vic's Crane should stay, her feeling is to re -guide it as general industrial. Carol Hickman, Vic's Crane, stated the company has no problem with the frontage commercial. Most of the outdoor storage is behind the hill line. The buildings that the cranes are kept in are hidden behind there. There is some boom storage visible, but that can easily be moved so it is hidden. Ms. Hickman stated there is a cell tower going in. Building can occur within that fall circle, but there cannot be a property line within that fall circle. Mayor Droste stated this is commercial to the front and business to the back. The issue is when someone is nonconforming, they can operate until the land sells or changes. However, consistently the policy has been the occupant cannot expand. Council Member Shoe- Corrigan asked what if that area is zoned general industrial and the rest remains business park. Ms. Lindquist responded if the City wants Vic's Crane to remain and expand, they should be general industrial. But long -term the Council needs to determine if commercial and business park will work next to each other. Ms. Hickman stated a major cleanup began a couple years ago. With building this new facility, the company wants to look good. Vic's Crane hopes to be a nice- looking area and wants to be a good neighbor for business park. Ms. Lindquist stated the City is trying to attract businesses that look like what is on 42, and comtercial wants to be near commercial. In talking with business professionals it is unclear if commercial will want to be next to a General Industrial use. Ms. Hickman noted there is general industrial across the road. Conny Mahoney, Vic's Crane, stated when this area does develop into commercial, Vic's Crane will not look good there. But until that happens, the company wants to look good and thrive. Ms. Hickman stated it would be ideal to remain as general industrial, as this would provide the freedom to grow. Vic's Crane is coming off the best year it ever had and projects are set for the next three years. This is an exciting time for the business. Council Member Shoe Corrigan asked for clarification on what the business does. Ms. Hickman explained the business and the necessary storage. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Council Member DeBettignies stated with the topography and the berming the way it is, the equipment will not be visible. Ms. Hickman added there is a 300 -foot long barn building where cranes are parked in the wintertime. Council Member Shoe Corrigan asked Bruce Rydeen and Jack Matasosky their opinion about developing this area into the business park and whether there would be issues with having a general industrial user in the background. Mr. Matasosky responded there are some areas adjacent to retail in the industrial districts. The only way that has been dealt with so far is screening and building types. There are car dealers next to industrial facilities and they have been dealt with through screening and access. He stated there has not been trouble attracting business, although the situation is different there because there may be other attributes to the business park in Lakeville that are not available here. Mr. Verbrugge stated the question is of commercial next to general industrial. It is not a commentary on the operation of the business; it is the relationship of the land uses. Council Member Sterner noted there is a difference between a smokestack and a storage operation, even though they are zoned the same way. Council Member DeBettignies stated Vic's Crane is an important part of the community. Council Member Shoe Corrigan asked if everyone is in agreement that this is an appropriate use for commercial. She stated she does not have a problem with the expansion, but she does not want it all to be general industrial. Council Member DeBettignies stated if it is rezoned as mapped out here, they would be nonconforming. Ms. Lindquist stated the City does not have to rezone it right away. Vic's Crane can do the expansion and then be rezoned. Ms. Hickman asked if there is a problem with guiding industrial and then when it grows up all around, readdress it at that time. Development in that area may not happen for 10 years. She indicated that they want to continue to operate without any restrictions. Council Member Shoe- Corrigan stated Vic's Crane can continue to do business as usual as nonconforming. Even if rezoned business park, they can continue to operate as is. Mayor Droste noted they cannot expand, but they can operate. Ms. Mahoney stated short Vic's Crane needs a building. The company needs to reinforce to the employees it will there for a while. Long -term the company will need something to store some of its things. Ms. Lindquist stated the principal use is the crane operation; that is general industrial. Any expansion of a nonconforming is still not allowed, regardless of what the use of the 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 expansion is going to be, even if that portion of the expansion would be a permitted use in the zoning district. Council Member Shoe Corrigan stated the fair compromise is to allow the building to be built and then at a later discussion decide whether it will be rezoned business park, recognizing the City will work toward the end use as a busines's park. In the meantime Vic's Crane is still zoned general industrial. Mr. Verbrugge stated it is not the City's intent to be statutorily noncompliant, but when the City gets to that point, there are mechanisms that can be used to study it further at that point. Council Member DeBettignies stated that building design does fit into the business park model. He asked if Mn -DOT has anything set aside for 42/52 interchange. Ms. Lindquist stated it is programmed in 2013. Ms. Verbrugge stated once that intersection is reconstructed, there may be commercial pressure hitting. Ms. Hickman stated Vic's Crane will proceed with submitting the building plans. 2.c. Industrial Districts Zoning Text Amendment for the BP Business Park and LI Light Industrial Districts 05-48 TA Community Development Director Lindquist stated this has been a fairly controversial issue; the Planning Commission has reviewed the topic five or six times. Ms. Lindquist continued the most controversial part is the business park outside storage issue. There are four business park zoning categories, BP -1, 2, 3, 4. BP -1 allows outside storage, which was the Dakota Fence issue. BP -2 allows outside storage as part of a PUD. Outside storage is not allowed in BP -3 or 4. Ms. Lindquist indicated at their last meeting, the Planning Commission recommended that an area 25 percent of the principal structure can be used for outside storage. For example, with a 100,000 square foot building, 25,000 square feet of storage would be allowed. Ms. Lindquist presented a survey of a number of communities regarding policies on outside storage in business park zoning. She stated most communities do not allow it. As currently proposed, light industrial allows 50 percent of principal structure for storage. She indicated that the staff will also be looking at the General Industrial zoning district. She stated there are an awful lot of businesses she believes the City does not want to encourage. Flint Hills has approached the City about a scrap metal crushing site. They want no building and a lot of metal behind a berm. If the City does not change the ordinance for general industrial, those will be attracted here. Ms. Lindquist stated staff wants to bring business park to the Council in the next few months. The number one issue is whether the Council wants exterior storage or not. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Council Member Shoe Corrigan indicated she does not want outside storage allowed. The City is trying to attract businesses that will bring lots of jobs that will encourage people to live here and dine here. Mr. Lindahl stated as it is proposed in the business park right now, outdoor storage is a CUP. Mayor Droste asked if it will be allowed in the current draft. Ms. Lindquist responded yes, the Planning Commission approved that up to 25 percent with a CUP. Mayor Droste asked if storage of semi tractor trailers would be considered outside storage. Ms. Lindquist responded affirmatively. Council Member Baxter noted Schwann's could not relocate to a business park and that is ridiculous. Ms. Lindquist stated Planning Commission felt they did not want trucking as a primary use in the business park. Council Member Shoe- Corrigan asked if storage for a Schwann's or Simon Delivers would be considered ancillary use. Ms. Lundquist stated that is up to the Council. If the vehicles move, it is not outside storage. Mayor Droste stated he believes when looking at this with the general industry to the south, that 25 percent is reasonable for the rest of the business park. Ms. Lindquist stated the current Comp Plan indicated there can be light industrial zoned property in the business park land use. Council Member Sterner stated if the storage is done tastefully, 25 percent is reasonable. Council Member Shoe Corrigan commented outside storage takes up a lot of land. It takes property away from the potential use of another business. Council Member Baxter asked if a maximum of storage square footage can be set. Ms. Lindquist responded that is possible. Council Member Baxter stated some outdoor storage is important to a lot of good businesses. He asked what the average size of a building is. Mr. Matasosky responded in his experience with the Aix Lake Industrial Park, the average size building is 20,000 to 30,000 square feet. Probably 30 percent of those businesses need outdoor storage. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Mr. Matasosky continued the market is bigger for the industrial and the outdoor storage than it is for corporate. Council Member Shoe Corrigan asked if the City can rezone business park to light industrial on a case -by -case basis. Ms. Lindquist responded affirmatively. Upon questioning by the Council, Ms. Lindquist stated it is her opinion there should be no outside storage in business park. If a business wants outside storage, it can be rezoned light industrial. If it is a high -end business that is compatible with adjacent properties, then it is reasonable. Mr. Matasosky stated rail users do require some outdoor storage. Council Member Shoe Corrigan questioned re- guiding the entire business park to allow for a couple businesses. Council Member Baxter asked how the City can say yes to one request and no to another request. Mayor Droste responded CUPs allow the City to make decisions on a case -by -case basis. Ms. Lindquist explained the rezoning option allows the City more control. Council Member DeBettignies asked how many businesses would be nonconforming if the City went to no outside storage in any business park district. Ms. Lindquist responded Dakota Fence and another welding business. Council Member Baxter stated he likes the idea of 25 percent outside storage and CUPS. Council Members Shoe- Corrigan and DeBettignies stated they do not want outdoor storage and wish to retain the ability to rezone. Council Member Baxter stated it is troubling to allow rezoning on a case -by -case basis depending who is on the Council at the time. He would like 25 percent not to exceed 6,000 square feet on the CUP. Mayor Droste stated the best way is no outdoor storage with the option of rezoning to light industrial. Council Member Shoe Corrigan noted the cleaner the ordinance, the better it will be. Council Member DeBettignies asked if staff sees any opportunities for backfire. Ms. Lindquist responded perhaps prospective businesses may not understand that there is opportunity for light industrial. Mr. Matasosky asked if he came in for a request to rezone light industrial, would it be supported by staff and Council. Mayor Droste responded it would be on a case -by -case basis; 25 percent for outdoor storage might work along the railroad. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Mayor Droste recessed the work session at 9:14 p.m. The work session resumed at 9:19 p.m. 3.a. Railroad Crossing Update City Engineer Brotzler stated the last time the Council was updated on this issue was June 20(4. He noted Chuck Rickart is in attendance at the work session. He requested direction from the Council about whether to maintain the status quo or pursue something further. Mr. Rickart stated the Federal Railroad Authority finalized the train horn rules in late 2005. In 2004 the rules were interim. There are two differences between the interim and the final rules that affect Rosemount. A partial quiet zone has been instituted and another rule was added related to pedestrians in the quiet zones. Mr. Rickart described how the risk index works. To bring risk factors down, the four quadrant gate could be utilized or a median could also be put in. Supplementary measures are also options, for example, looking at different programs that can help bring risk factors down. Mr. Rickatt stated the downtown study looked at three intersections. It was determined that the only one over the federal level was the 145 intersection. The other two fell below that risk index. Federal Railroad Authority can come and check the risk index every year if they choose to; if it is over, the quiet zone status would be lost and horns would be blowing again. Mayor Droste asked for a ballpark cost estimate should the four -gate quadrant be put on. Mr. Rickart responded $250,000. A lot of infrastructure for gates is out there already. Council Member Shoe- Corrigan stated the quiet zone could be done, and only the one that is above the risk index has to be improved. Mr. Rickart agreed. Mr. Rickart stated the wayside horn is something that can be implemented at a specific location. The trains can be requested not to blow their horns because that would be the exchange for it. It can be used with or without the quiet zone. It can be used in the quiet zone, but it does not count as a supplementary measure. Mr. Brotzler stated the wayside horn would decrease the perceived noise level in surrounding areas. It would be $70,000 per horn, for a total of about $210,000. Mr. Brotzler asked if the Federal Railroad Authority would review that and approve the use of wayside horns. Mr. Rickart stated all indications are this is something they accept, although he has not talked to them personally about it. In their literature they have indicated they can be used. Mr. Brotzler stated between now and June when budget talks start, he and Mr. Rickart can research the process and the costs. He added that at a minimum, the City can contact the 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 railroad and the Federal Railroad Authority and obtain feedback and also develop better cost estimates. Mayor Droste stated the new crossing at Akron Avenue will be set up with a four arm crossing, so it could be set up for a quiet zone. 3.b. Staff Update Pine Bend Cemetery City Administrator Verbrugge stated Dan Schultz has done his homework and cannot find anybody interested in taking over the cemetery. There is potentially a group that is willing to take it over, but the group is still assembling: the Legion, VFW, and Vietnam Veterans. Mayor Droste noted it is because of Dan's efforts in sending information out to these various groups that they are interested. Mr. Verbrugge inquired about a course of action should this group not form. Mayor Droste responded the Council will need an update at that time. FEMA Fire Grant City Administrator Verbrugge stated he will, as a consent item, have the Council authorize an application for a FEMA fire grant on April 4. The City is a conduit for the entire county because Rosemount is the only city eligible to submit a grant. It is a grant for about $450,000 for paging communications equipment. Rosemount would be the recipient but would funnel the money to other cities in the county. As a result of submitting this grant, Rosemount would be ineligible to submit for any other fire grant for the year. He has spoken with the Fire Chief and he is fine with that as he was not planning on putting in any other funding request. Celtic Crossing Sign Cotntnunity Development Director Lindquist passed out a document showing the new sign. She stated normally this would be a minor amendment done administratively but wanted to run it by the Council first. The Council decided to process it as a minor amendment. Rosewood Ms. Lindquist stated they are coming in to plat. Staff told them they will not approve plat until they decide what they are going to do on the property adjacent to them, the yellow piece on the map. Progress Land expressed interest in putting a high density residential project on the site. One of the ideas is to purchase a road from Greif Brothers for public road access. She wants to make sure Council does not want it business park before proceeding. Council Member Sterner stated if there was a business like Cannon Equipment, the neighbors would prefer that over high- density residential. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Mayor Droste suggested each Council Member call Ms. Lindquist individually with a decision. Ms. Lindquist stated if the City is going to go residential, high- density may allow screening and buffering options not available with lower density residential uses. Business Park Coinmuttity Development Director Lindquist reported staff met with CSM, who would like to add retail in the 42/3 area. They think they could get a big box retailer like a Target because the visibility is so great. The remainder of the property would be developed as Business Park with a residential component also. Ms. Lindquist stated to be able to finance the infrastructure; they need to have a residential component to make it work. She added CSM has come up with two concept plans for the Council to look at. City Administrator Verbrugge stated when Gene Pederson and Pulte came in; there was no discussion of busuiess park development. Mr. Verbrugge and Ms. Lindquist have told them if they are to pursue residential component, it would be conditioned on a performance requirement on the northwest corner. They would have to show a commitment to building the retail component before they can proceed with residential. Ms. Lindquist stated staff believes the City could hold out and not move ahead with this proposal. The dip side would be the business park at 52/42; there is the possibility everything might move down there by the time this happens. Mayor Droste stated the one positive with CMS is their size. It is one developer taking care of a large project. Council Member Baxter stated if these 83 acres is developed residential, residents in the future may ask what the Council was thinking. Council Member DeBettignies stated he would like to see more complex -type residential. Ms. Lindquist stated she had been told that in the current market, townhomes, quads, and condos are drying up. Mr. Verbrugge stated the reason this needs to move quickly is the MRCI issue. Council Member Shoe Corrigan stated she does not like residential across the railroad track. Also, if there is going to be this much housing, she would like to see an innovative housing style. Council Member Sterner stated he does not like the residential in that area. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Mayor Droste stated nothing has happened in terms of business park, so one has to be realistic. With one developer, it will be higher quality. Mr. Verbrugge stated there is nothing wrong with sticking with the vision if that is what the Council wants. On the other hand, the Council has given the community a lot of opportunity. There will probably be more movement out to 42/52 towards the end of what would be the absorption for this retail. Council Member Baxter stated there may be some retail that will not go there because they will not go east. And if they cannot go east, they will go south. Ms. Lindquist stated staff can tell CSM the Council will consider it, though it is no guarantee. Mayor Droste and Council Members DeBettignies, Baxter and Shoe Corrigan stated they are open to the idea. Council Member Sterner stated he is not open to it. Council Member Baxter departed the meeting at 10:28 p.m. Other Updates Council Member Sterner reported League of Cities was a good experience, and he learned a lot. He went to a leadership conference and came away with some good ideas. He met with a number of Congressmen as well. Mayor Droste stated the telecom bill rewriting could affect the City regarding franchise fees. Regarding transportation issues, it is ironic to hear federal people indicate the system is ineffective because it is based on equity. They believe it should be moved back out to the states and local government and should be fee based. Council Member Sterner added he sat in on an eminent domain hearing and found it fascinating to hear other people from around the country discuss the issue. Mayor Droste adjourned the meeting at 10:32 p.m. Respectfully Submitted, Allison Burr, Recording Secretary. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 4, 2006 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 April 4, 2006, 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 Sterner, Baxter, DeBettignies, and Shoe Corrigan attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Atiorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and Recreation Director Schultz, Finance Director May, Communications Coordinator Cox, Chief of Police Kalstabakken, Fire Chief Aker, and Recording Secretary Burr. The Pledge of Allegiance was s aid. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator \'erbrugge additional information has been handed out related to Item 6.p., regarding the PUD for D.R. Horton. There is also an add -on, Item 9.a., for New Business. He noted there is also a request to have a closed executive session at the end of tonight's meeting. City Attorney LeFevere requested a closed meeting be held under attorney -client privilege to discuss a proposed settlement of the mercury contamination claim. He stated there is a need to discuss a settlement proposal during a confidential discussion among Council Members; there will be no other matters discussed. Motion by Droste. Second by Baxter. Motion to adopt the Agenda with the addition of 9.a. and the executive session at the conclusion of the meeting. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Carol Hickman, 29370 Randolph Boulevard, Randolph, requested to distribute a handout to the Council Members. She stared that during the Council work session on March 22, an important issue was ]eft on the table, which is the security of \'ic's Crane. The summary that Kim Lindquist prepared gave the business one option for security, and that was to guide the property or a portion of it back ro general industrial. Ms. Hickman continued that she understands the Council wants to see commercial in this area. She indicated the southern portion of her property is well hidden and would provide space for the existing operation, and those 15 to 18 acres could remain general industrial. 1 Ms. Hickman continued that at a meeting with the Met Council last month, she was told it is not unusual for cities to secure a longstanding businesses using spot zoning or by writing their particular land use into zoning rules. That would mean an additional change to the business park ordinances. She requested assistance to protect her business and remain in business as it has for the last 55 years. Ted Northrup, 3645 148` Street, asked a question about Project 396. He inquired if citizens will be assessed for the street, curb and gutter, and storm sewer. He was informed money was set aside for the storm sewer. His property already has a storm sewer on the north side, and therefore he and his neighbors have already paid once for the storm sewer. Mr. Brotzler responded property owners will not be assessed for the storm sewer. The $4,400 assessment for this is set b\ the City's fee resolution, which is adopted by the Council annually. That assessment rate is for street and curb reconstruction project; the storm sewer will be paid out of the storm sewer fund. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Receive Donation from Office of Traffic Safety Police Chief Iialstabakken introduced nco representatives from the Office of Traffic Safety, Bob O'Brien and lean Ryan. He reported Rosemount has participated in the Safe and Sober program for many years, and it has been a successful program for the Ciry. Sgt. Jim O'Leary will be accepting the award tong_ ht; he has been coordinating the program for the department over the last couple years. Jean Ryan, Office of Traffic Safety, stated each year the leading cause of death ages 1 to 33 is traffic injuries. The purpose of the program is to reduce that devastation. The office cannot do it without great partnerships, and one of those great partnerships is with the Rosemount Police Department. Bob O'Brien thanked the Police Department for their efforts and thanked the Council for supporting them. He explained Rosemount was one of 400 cities that participated in the program but only 1 of 9 that received the laser device. Mayor Droste thanked the Ms. Ryan and Mr. O'Brien as well as the Police Department and their efforts on behalf of the Cirv. CONSENT AGENDA Motion by DcBertignies. Second by Sterner Motion to approve the Consent Agenda, Items Items g, k, and p. a. Minutes of the March 21, 2006 Regular City 22, 2006 Ciry Council Work Session. b. Bills Listing a. through o., with the removal of Council Proceedings and the March 1 1 c. Receive Donations Parks Recreation Dept. d. Expenditure Approval from the Donation Account Parks Recreation Dept. e. Receive Donation DARE Fund f. Budget Amendments g- 2'JOC Lc Dat s Sc. tire Agreement h. AFSCME Contract i. Hiring of a Part -time utility Billing; Deputy Registrar Clerk j. Medical Le.me for a Firefighter Ir Rxeis c Plant eci5cations; Authorizc Ad for Bid 2006 Pcticstria.' F..cility Improvements, Cin' Pr .acct 443 1. Receive Plans Specifications Authorize Ad for Bid 2006 Pavement Management Improvements, Cin• Project 396 m. Danner, Inc. Mineral Extraction Permit Renewal 06 -01 -ME n. Flint Hills Resources L.P. Comprehensive Plan Agreement Case 05 -62 -CP 0. JJT Business Park First Addition Preliminary Plat and Final Plat 06 -03 -PP and 06 -04 FP Crc 3" Addition (D.R. II rton) Preliminary Plat and Final Plat and Cresacroft 3' Ad lidc,n (D R. l lorton PUD M:rior Am..nd...c..t 06 C" PP and P ,,..d 06 iR AMD Council Member Shoe Corrigan requested to pull Item 6.k. from the Consent Agenda. Council Member Baxter requested to pull Item 6.g. from the Consent Agenda. Mayor Droste requested to pull Item 6.p. from the Consent Agenda. Ayes: 5. Nays: 0. Motion carried. Council Member Baxter stated he pulled 6.g. because the Council recently went through the process of appointing new members to the Parks and Recreation, Port Authority and Planning Commissions. In this case, there were more applications than there were vacancies or openings. At the time, the Council encouraged the other applicants to become involved in other ways in the City. Council Member Baxter continued that he wanted to take this chance to say how proud he is of the Ch and its volunteers and encouraged anyone who is interested to get involved in Leprechaun Days. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the 2006 Service Agreement with the Rosemount Leprechaun Days Committee. Ayes: 5. Nays: 0. Motion carried. 1 1 Council Member Shoe Corrigan asked about the replacement of the bituminous trail with a concrete sidewalk in City Proiect 4(HJ. She asked if it is a policy change to have a segment trail along a trail that is already bituminous. City Engineer Brotzler responded the reason for the replacement is the fact that there are properties with driveways accessing Shannon Parkway. In 2003 and 2004, the City overlaid trails along Shannon Parkway but was not able to maintain that section because of the driveways. The concrete is longer lasting, more durable and will rrquire less maintenance. He stated the challenge is the driveways and the yvay the grades work. Mr. Brotzler continued when the City overlays a trail, it raises the profile of the trail 2 inches. It creates a lot of work to get the driveways to match. He clarified this is not something to he promoted as a standard; this is an isolated situation. Council Member Sterner asked about the completion date for the segments of the trail on the west side of Shannon. Mr. Brotzler responded both segments along the trail are further down on the priority list. As funds become available in the future, they may become reprioritized. But at this point in tune, There is no completion date for the segments on the west side of that trail. Council Member Shoe Corrigan asked if there will be bituminous on both sides of Shannon Parkway because there are no driveways along there. Mr. Brotzler responded that is correct. He added that for long-term maintenance, he would recommend moving to a nvo -trail system except where there are sidewalks. Mr. Brotzler explained the City's policy of maintaining sidewalks when they back up to private property. Council Member Sterner asked if, around these_ three trail segments, surrounding homeowners will he required to maintain the trail. Mr. Brotzler that his expectation is the City would maintain those areas being on a collector street. Motion by Shoe Corrigan. Second by Baxter. Motion to adopt a resolution receiving plans and specifications and authorizing advertisement of bids for the 2006 pedestrian facility improvements, City Project #400. Ayes: 5. Nays: 0. Motion carried. Mayor Droste asked Ms. Lindquist to address item 6.p. 1 1 1 Community Development Director Lindquist stated this item was pulled from the Consent Agenda because of the change to the PUD. The change clarifies the building elevations that were omitted in the previous packet that went to the Council. Motion by Shoe Corrigan. Second by Council Member DeBettignies. Motion to adopt a resolution approving the Preliminary Plat and Final Plat, subject to conditions; to adopt a resolution approving the PUD Major Amendment, sub:ect to conditions; to authorize execution of the Subdivision Agreement; and to authorize execution of the PUD Amendment Agreement. Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING 7.a. Public Drainage and Utility Easement Vacation Rosemount Business Park 2 Addition Community Development Director Lindquist stated this follows up on a project the city has been working on for a long time. With the inclusion of Outlot A into the JJT Business Park First Addition plat, the existing 10-foot drainage and utility easement needs to be vacated. It is important not to have those old easements in place after the properties are combined. She stated this is a very straightforward vacation of the easement. Mayor Droste opened the hearing at 8:00 p.m. Motion by Droste. Second by Shoe Corrigan. Motion to close the public hearing. Ayes: 5. Nays: 0. Motion carried. The public hearing was closed at 8:04 p.m. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt the resolution vacating a public drainage and utility easement on Outlot A, ROSEMOUNT BUSINESS PARK SECOND ADDITION, Dakota County, Minnesota. Ayes: 5. Nays: 0. Motion carried. OLD BUSINESS N ._mc. 1 1 NEW BUSINESS 9.a. Industrial Districts Zoning Text Amendment for the BP Business Park and LI Light Industrial Districts Case 05 -48 -TA Community Development Director Lindquist stated the Planning Commission has reviewed this draft ordinance four or five times, and me Council discussed it at a work session. The main issue is to clarify the issue of outside storage. Based upon Council direction, this draft allows no outside storage in the business park district. Ms. Lindquist noted there is an outside storage provision in light industrial. Under the existing Comprehensive. Plan, the language for business park does allow for some light industrial if t meets the goals of the Camp Plan as determined by the Cuuncil. In the future, this Council will recognize there may he some light industrial areas inside of Business Park should Council Members feel it meets t',ie objectives of the Comp Plan. Ms. Lindquist stated staff does disagree with the Planning Commission recommendation in one area. The Planning Commission suggested that warehousing, wholesaling, and distribution uses be a conditional use. Their primary concern was for traffic; they felt traffic impact should he reviewed. Ms. Lindquist continued that staff received feedback throughout this process about the concern of having that use along with the 60- to 90 -day review period for a conditional use, noting that that use is very similar to other apes of uses. In fact, almost all kinds of manufacturing or showroom have some kind of warehousing function. The feedback was in favor of having that as a permitted use. Ms. Lindquist continued as a result of that feedback, as well as the Council's discussion at the previous work session, it is staffs un lerstanding that the Council is comfortable with higher traffic- generating businesses as permitted uses. The draft before the Council allows warehousing, wholesaling and distribution as a permitted use, which is contrary to the Planning Commission's recommendation. Ms. Lindquist asked that Motion 1 be modified to read Section 11- 4 -15 -1 and Motion 2 should read Section 11- 4 -15 -2. Staff is trying to compartmentalize the industrial districts into one location in the zoning ordinance. Because of the was this is structured, this numbering sequence works better. Ms. Lindquist noted the add -on item under New Business. Staff is asking Council to pass two resolutions authorizing publication of the ordinance that allows publication to give a brief overview of the amendment rather than publishing the entire ordinance. This is a cost related issue Council Member Baxter stated there are businesses with outdoor storage that can be handled well. His recollection was part of business park could be rezoned light industrial which would allow for outdoor storage. Ms. Lindquist responded that is correct. Council Member Baxter asked if that rezoning would require a simple majority of the Council. Ms. Lindquist responded that is correct. 1 1 Council Member Sterner asked about Vic's Crane and whether it would be allowed to have outdoor storage under the new ordinance. Ms. Lindquist responded Vic's Crane propery is zoned general industrial, which does not fall under either of the zoning amendments. She clarified Ms. Hickman will be asking to be reguided general industrial and ask to remain both zoned and guided general industrial rather than the business park designation. Council Member DeBettignies stated the City used to have a Busnieâ– s Park I, 2, 3, and 4. Now those designations have been eliminated, and business park and light industrial will be in its place. Ms. Lindquist responded that is correct. Mayor Droste stated the map will show business park, but the Comprehensive Plan says light industrial is allowed. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt an Ordnance amending Section 11- 4-15 -1 of the City Code regarding the BP Business P :irk Zoning District. Ayes: 5. Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt an Ordinance amending Section 11 -4-15 -2 of the Rosemount City Code creating the New LI Light Industrial District. Ayes: 5. Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt an Ordinance amending Section 11 -1 -4 of the Rosemount City C nde Creating New Definitions to: the Terms Office Showroom, Office Warehouse, Light Manufacturing, and Medium Manufacturing Ayes: 5. Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve a Resolution Authorizing Publication of Ordinance No. B -168 an Ordinance Amending the Rosemount Cio: Code by Striking Section 11 -4 -15 Regarding the BP- Business Park Zoning District and Replacing it with Section 11-4 15- 1 the New BP- Business Park District and a Resolution Authorizing Publication of Ordinance No. B -169 an Ordinance Amending Section 11 -4 -15 of the Rosemount City Code by Adding. Section 11- 4 -15 -2 Creating the New Light Industrial District. Ayes: 5. Nays: 0. Motion carried. 9.b. Business Park Classifications Rezoning Class 06 22 ZA Community Development Director Lindquist stated this rezoning item is to consolidate the actual properties that an zoned 13P -1, 2, 3, arid 4 so they are all zoned BP and subject to the ordinance just approved. Motion by Baxter. Second by Shoe Corrigan. Motion to adopt the attached Ordinance rezoning all BP Business Park 1, 2, 3, and 4 District to BP Business Park. Ayes: 5. Nays: 0. Motion carried. 9.c. Transportation Plan City Engineer Brotzler stated before the Council is the final draft transportation plan. This was reviewed with the Council at a work session in December. At that time there were several comments and questions raised by the Council. Mr. Brotzler stated one comment at the time was snowmobiling use in the City. A section at 2.2 in the report was added addressing snowmobiling. Mr. Brotzler indicated another question raised was the intersection 42 and Shannon Parkway. One question was the cross section of 42. Mr. Brotzler continued the other was a sight distance issue when making left turns from Shannon Parkway onto 42 which is created by the geometrics of the intersection. The resolution of that would require additional review as far as significant intersection improvement and signal system modifications. Mr. Brotzler stated at this time there is no Council direction to do anything to move forward with that. The other issue raised was reconfiguring the lanes alone the entire length of Shannon Parkway. He recommends the Ciry look at that intersection when reconfiguring the lanes along Shannon Parkway. Mr. Brotzler noted the plan has Diamond Path as a collector street. Finally, there was discussion about the High School Street driveway access at Highway 3. The challenges of that intersection were discussed. The final draft plan that is presented tonight does call for future improvements. Because that is a State highway and a school district street, it will take the State and school district to work out that matter. Mr. Brotzler stated pending Council approval of the plan; the draft stamp will remain on the plan. It will then be submitted to the Met Council as a Comp Plan amendment. Following their approval of the amendment, the draft ;tamp would be removed and it would be bound and available for Council members and others. He added Chuck Rickart and Peter Lang-worthy are present tonight to discuss the details of the plan. Chuck Rickart stated this plan has been 3 long process. The purpose of the plan is to document the existing transportation system and plan for the future. The public process was participated in early on in the planning and now the plan is ready to be presented to the Met Council. Peter Langworthv outlined the structure of the document. It includes the introduction, existing transportation condiuons and issues, trends and planning considerations, funtre Rosemount transportation needs, and a transportation plan. Mr. Langworthy highlighted the existing transportation conditions and issues. He provided background on the process. He defined the roadway functional classifications and outlined the roadway jurisdictional classification. Then the existing traffic levels were documented. Mr. Langworthy continued outlining a number of the existing transportation conditions. He discussed Shannon Parkway and challenge of lane continuitt. There are three locations that may potentially need traffic signals. He discussed the increased usage of Chili and noted there may need to be a redesign at some point. He noted the congestion on T.H. 3 may warrant a redesign at some point. Mr Langworthv provided an overview of the trends and planning considerations. He provided an outline of the documents referenced in preparing this section. Mr Langworthy outlined the analysis of transportation needs. He stated future development was considered heavily in this section. From an access and capacity perspective, they looked at future land use. The 2(100 Rosemount Comp Plan was looked at and was updated with the Land use and Transportation Plan which came out of the 42/52 study. He sewed that land use information was used to define access needs and forecast traffic levels on primary roadways within the City. Using a computer traffic modeling program, they created 2025 traffic forecast levels. Mr. Langworthv displayed the land use plan used for the 2025 traffic forecast levels. Regarding the 6,recast plan, it was broken into fre -year increments. He read through the projects for the first five years, from 2006 through 2010. He stated the transportation plan is used to generate a plan for using forward. Mr. Langworthy stated access management is a critical component of transportation planning. He recommended City standards for access management, and they are based on the State's standards. He noted the County does have different standards. Mr. Langworthy stated another key component of the transportation plan is the 2025 Functional classification network. He displayed the 2025 functional classification network on the overhead. He discussed right -of -way standards for the different classifications for major and minor connectors and local streets. He noted the County has its own standards for the Counts- roadways. Mr. Lang ,worthy stated the plan addressed non motorized transportation issues, including transit and trails. For trails, the plan recommends the ex,sting practice of, at a minimum, a trail on one side and sidewalk on the other side of connector -level roadways. The plan also includes analysis of the new City trail from downtown to the river. Council Member Sterner thanked Mr. Langworthv for the level of detail of the plan. He inquired about Dodd Boulevard and if it is classified as a collector in its entirety. Lansyorthy responded it is identified as a collector west of the Chippendale. Council Member Baxter stated a lot of transportation issue, depend on cooperation by Mn- DOT and Dakota County. He asked if there is a way to become more involved with the decisions those entities are making. Mr. Brotzler responded staff has regular contact and interaction with Dakota County. There are regular meetings as they develop their annual CIP. On an annual basis the Council approves a letter requesting projects in the CIP and ultimately a resolution is passed that gives support for the projects on the CIP. He added there are some minor projects the City has requested in the past that have not vet made the CIP. Mr. Brotzler continued a big issue is the 42/52 interchange project and the scope of that and the long -range planning involved. He stated with Mn -DOT, discussions tend to be more sporadic. He recommended perseverance in constantly purring the City's issues on the front page for Mn -DOT staff ro help move things along. Staff is considering a Mn -DOT tour of the City sometime this summer to help them see the issues facing the City first -hand. Mayor Droste stated this plan implies increased congestion. Regarding transit, it is a way to relieve congestion. If the City does not put it in its plan, at 2020 or 2025, the City will face congestion because it was not planned for. Mr. Rickart stated transit in a lot of these transportation plans does not get as much attention as it should. He expressed agreement that that portion of the plan could be beefed up. He stated Dakota County and Mn -DOT receive a copy of this plan, and the Count' provides its plan as well. Council Member Baxter stated he appreciates the work gone into this plan. His concern is the City has to continue to be active on this transportation issue. The Council and staff have to be involved. Council Member DeBettignies stated he talked about entering partnerships with the DCTC and the University of Minnesota. Trying to coordinate student transportation back and forth from residential areas is also an issue. There is a lot of growth opportunity, and he is glad the plan looks forward. 1 1 1 Mr. Rickart stated early on stakeholder meetings were held; the University and DCTC were involved in that process. Through some of the projects being worked on, the Ciny will be working with them much more. Council Member DeBetugmies asked about a left -hand turn lane for Shannon Parkway. Mr. Brotzler responded that is an issue that can be evaluated. He noted all modifications come with a cost. Regarding signals on 42 and a protective left -turn lane on Shannon Parkway, that is more of a County issue and how they set that system up. Council Member DeBertignies stated with the high number of accidents at these intersections, he assumes the Council would allow turn signals. Mr. Rickart responded when the City was working on this in 2003, the Counry said no to the signals. At this point staff can go back to the Count- and see what can he clone. Council Member Shoe Corrigan asked if the document addressed a turn lane on County Road 38. She noted people are pulling onto the shoulders to make turns. Mr. Brotzler stated one of the items that has been included in the annual letter to the County is a bypass lane on 38 and a right -turn lane ar Shannon Parkway. The County's response has been there is no record of these being any issues there; there are not significant numbers of accidents at that intersection. People are malting lanes on the shoulder, but at the same time it results in a solution so that the Count does not feel it needs to respond with improvements. Council Member Shoe Corrigan asked what other measurements the County utilizes, other than the shoulder. Mayor Droste asked if a traffic counter can be put on a shoulder. Mr. Brotzler stated there are the same issues on Highway 3. There have been a few occasions where the police have gone out and actively enforced that. It does create a safen' issue, but it is not a very enforceable matter. It is a challenging situation but something staff is aware of. He suggested with this year's request to Dakota County, a renewed effort be made to urge them to make improvements at that intersection. Council Member Sterner asked if all neighboring communities were contacted with this plan, including Farmington and Empire Township. N-lr. Brorzler responded the plan was sent out to all communities required by the Met Council. Farmington is not contiguous so it was likely not sent to them; Empire Township did receive it but did not send hack comments. Council Member Sterner asked about the recommendations on page 15. Mr Langworthy stated those are the recommendations from the inter regional corridor study. One of the projects, the 11 7 Street interchange on STH 52 in Inver Grove Heights, has been completed. Mr. Brotzler noted that closing the Pine Bend Trail access was part of a plan that was done with the inter regional corridor as well as the 52/42 interchange study. 1 1 Council Member Sterner questioned some of the classifications of the roads as collectors. He thought a number of roads should be identified as collectors and currently are not. Mr. Brotzler explained how roads are determined to he collectors. Council Member Sterner asked if this transportation plan has to be approved tonight. Mr. Brotzler responded the timing is up to the Council. The public hearings have been held, and now it is appropriate for Council to consider it. Mayor Droste noted there are some minor t pos that will be cleaned up by staff prior to Council approval. Council Member Sterner stated there are a couple of areas he would like to work with staff on clarifying items. Council Member Shoe Corrigan stated she would like the item back under Old Business at the next Council meeting to review modifications. Mayor Droste stated the transit component needs to he figured out. Community Development Director Lindquist stated transit and other issues will be revisited in the future as well. Motion by Sterner. Second by Shoe Corrigan. Motion to table the Final Draft Transportation Plan until the next most practical future Council meeting. Ayes: 5. Nays: 0. Motion carried. ANNOUNCEMENTS City Administrator Verbrugge provided a legislative update. There has been quite a bit of news regarding disclosure of negotiations between the University of Minnesota and a number of parries that has led to new legislation that would involve sale and transfer of land of the University's research property that is partially in Rosemount and partiallv in Empire Township. While the media has reported that the 3,000 acres is in Rosemount, the land is all within Empire Township, at (cast those that are still subject to negotiations. Mr. Brotzler noted the Utility Commission meeting scheduled for April 10 has been cancelled and is in the process of being rescheduled for April 17, though that is still unconfirmed. Mayor Droste reviewed regularly scheduled meetings on the City calendar as well as an egg hunt scheduled for April S. Mr. Verbrugge noted the Council work session in May is scheduled for the 10 However, he and Mr. Brotzler will be at respective state association meetings and would like to reschedule. The Council decided to reschedule it for the 24`t'. 1 1 City Attorney stated the Council may want to reconvene after the executive session to take action on the settlement agreement if the Council wishes to approve it. Mayor Droste moved to recess into executive session to discuss the mercury contamination issue. He noted the Council will be reconvening following the executive session. Second by Sterner. Ayes: 5. Nays: 0. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 9:40 p.m. Second by Sterner. Ayes: 5. Nays: CI. The meeting was adjourned. Respectfully submitted, Allison Burr, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 Pursuant to call and notice thereof, a City Council Special Work Session was held on Wednesday„ April 12, 2006, at 6:33 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter and DeBe±gnies attending. Council Member Shoe Corrigan was :.bsent. Staff members present were Cif Admi iserator Verhrugge, Assistant Ciry Administrator Weitzel. City Engineer Brotzler, Police Chief Kalstahakken, Parks and Recreation Direct ar Schultz, Police Lieutenant Kuhns, Communications Coordinator Cox and Recording Secretary Domeier. DISCUSSION 2.A. Emergency Options Plan Overview Police Chief Kalstabakken summarized the staff report. Even- municipality within Minnesota is required to have an Emergency Operations Plan ("BOP"), which is prepared by the Cin's designated emergency manager. In Rosemount, the position of Chief of Police has been designated through job description /responsibilities as the City's emergency manager. The City's plan has not been updated for 10 gears. The plan is not incident specific as not every condition can be factored in. A benefit of Rosemount is the number of private businesses that have their own emergency plans and practice the plans. Police Lieutenant Kuhns added the plan is a supplement to each department's standard operating procedures. There was a great amount of participation cm the rev-rite of the EOP. A map illustrating the 302 facilities and facilities at risk was shared with the Council Members. Mayor Droste questioned the number of sewer lift stations located in Rosemount because during the loss of power would there be alternate power available. Mr. Kuhns noted all lift stations have back up generators. Mr. Kalstabakken :.tided the use of generators is something Public Works would take care of in a crisis situation Mayor Droste questioned if the bird flu epidemic would happen and people had to stay home to prevent spreading and how people would be notified. Mr. Kuhns noted the notification plan is in the EOP, you could use the cable override, and the County also has a plan to institute a plan for a pandemic flu. The County relies on the Ciro for the release of information. Public Health has put together a public network to get the information out to individuals. Council Member DeBettignies questioned if notification can be given to residents via the local telephone company through a recorded message or through the local cable company. Lt. Kuhns noted there is a fax media list. Mr. Kalstabakken noted that Rosemount does not have the reverse 911 capabilities. As part of the move to the joint dispatch system the question has come up regarding having access to reverse 911 capabilities. Mayor Droste questioned the use of sirens and if the City has looked into voice sirens. Mr. Kuhns noted that the City can use the cable override or outdoor warning siren to alert people to go inside and turn on their television. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 City Administrator \'erbrugge questioned how far beyond the circle does the sound activate for the areas where a siren may not reach according to the map. Mr. Kuhns noted there may have to be some movement in where the sirens are located. The map shows the minimum coverage. It is important to remind residents that it is an outdoor warning and you are not expected to hear it in your house over the sound of televisions or air conditioners. Council Member Baxter stated if nobody is designated to make the program more flexible does it make it less functional; ou'side of the police department are the ocher departments trained on their roles and if the rules are kept current. Department heads have had training on the safety programs. The Parks and Recreation Department has had members participate in count exercises for setting up a facility for a shelter in the event of an emergency. The Community Development Department could assist in locating vacant land. Lt. Kuhns added that after a tornado the Communir y Development Department could figure out what tope of home or where a home was located this is destroyed. Public Works and building inspectors are becoming more trained in these areas in the conferences they attend. Mr. Kalstabakken noted the Council can decide the polio on the removal of debris and waste after a storm. Mr. Kalstabakken noted some Cin's do not charge building permit fees for homes that have damage and require permits to be restored. Mayor Droste noted the EOP is a wonderful document. DeBettignies stated he appreciated the document being in a place and questioned if companies are required to notify the City of new hazardous materials being used. Mr. Kuhns noted the State updates the City of hazardous products being used on a property. Council Member Baxter commented that hauling storm waste and debris it is a public safety concern. He felt the policy should be in event of the storm the City should haul the waste and debris away. Mr. Kuhns noted that when there is a disaster in another City, someone from our City would actually go there and assist to learn from the experience. Mr. Kalstabakken added that elected officials should nor set involved in the process. Staff will keep elected officials apprised of a situation. Council Member Sterner questioned who the communications officer would be since it is not listed in the plan. '_vlr. Kuhns noted it would be based upon the situation. City Administrator Verbrugge noted that depending upon the level on the emergency it would dictate what agency would be the communications coordinator. Council Member Sterner also questioned how a siren would be located in a development. Mr. Kalstabakken responded that the moving of a siren would take place when development occurs. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 Mr. Kalstabakken concluded that the document will be cleaned up and brought back to the Council for adoption in May or June and then will be passed on to the County for its approval. 2.D. Consumption of Alcohol in City Parks Parks and Recreation Di-cctor Schultz summarized the staff report. The Park Commission felt alcohol restrictions vere too limited to people who wanted to use the parks. An issue included that having alcohol at a park had to be at a park with a s helter The Commission is requesting that beer and wine be permitted in all parks unless there is more than a group of 30. If the group is larger than 30, there would have to be a permit from the Parks Commission. Parks Commissioner Johnson noted that they did not want to have alcohol at youth gatherings where alcohol would normally be permitted. That type of use would prohibit the use if suggested bv the Council. Mayor Droste noticed that Apple Valley and Lakeville allow only beer and questioned if the risk with wine is because of the glass bottles. Mr. Schultz stated no glass is allowed in the parks. Council Member Baxter stated that by allowing alcohol to be consumed in the parks the parks would become less family friendly. He did not agree with a general policy of allowing beer in the parks but would be fine with a part' ohtairting a permit. Mr. Verbrugge stated when people drink they tend to get louder and given the noise that will occur, neighbors would probably be complaining more about the amount of alcohol in the parks. Mayor Droste added that Erickson Park is more of an isolated park. In the neighborhood parks the noise would be more noticeable. Mr. Verbrugge suggested a compromise of changing the B -2 language and taking the shelter language out and allowing an event by use of a permit. Council Member DeBetti hies believes by allowing permit only for large groups then you would have the tools to put an event to a stop and still have control. Council Member Sterner questioned the cost for a permit. Mr. Schultz stated there would be an administrative fee for the permit that would be included in the fee list. Mr. Verbrugge offered another suggestion taking the 3.2% Language out of the ordinance. Council Member Baxter had no problem with having strong beer in the parks. Mayor Droste questioned how the City would relate the informadon to residents. Mr. Verbrugge stared the information could go in a brochure stating the Parks Commission would like to enhance the enjoyment of the parks for groups and families to have the chance to enjoy alcohol in the parks but would like to retain the family values associated with our City parks. Mayor Droste requested that the language be modified slightly and to come back 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 next year before the summer bulletin goes out listing the rules and regulation of alcohol in the parks. Council Member Sterner felt the need is urgent to change the ordinance. Council Member DeBertignies stated to drop the 3.2%, to use a permit only, keep the existing ordinance as listed but dropping the use of alcohol only being allowed at parks w th shelters. He added he would Like to keep some enforcement regulations in place. Mr. Verbrugge stated by removing_ the shelter requirement the City will need to look at the setback from single family homes. Council Member Baxter requested to see the permit form once it has been drafted. 2.B. Work Plan for Outdoor Recreation Complex Parks and Recreation Dircctor Schultz summarized the staff report. During the recent City Council goal setting meetings, the Council asked staff to develop a worb: plan for developing an outdoor recreation complex. i\1r. Schultz updated the Council on the draft v plan provided in the packet. A letter was distributed that the City wrote to Flint Hills Resources to acquire property currently owned by Flint Hills Resources to construct an athletic complex that would serve youth and adults. Mr. Verbrugge stated a complicated factor with Flint Hills Resources is that the land desired is part of their buffer area. Because it is a land issue, the process will take longer to go through the appropriate channels at Flint Hills Resources. Mr. Schultz outlined the eight steps in the work plan for the proposed complex. City Administrator Verbrugge stated the timeline would be to have a site selected and willing partner identified by the end of summer or early fall. There will need to be aggressive communication of the project and process before the survey would rake place. The best case scenario is looking for a referendum at the end of spring or beginning of summer next year. Council Member DeBettignies stated getting the public and organizations involved in the process are key to making the project possible. Council Member Baxter added that sharing the plans with the residents should happen long before Step 6. Mayor Droste noted RAAA should he driving this project. The Council needs to engage with RAAA in Steps 1, 2 and 3. Mr. Schultz added that Steps 1 -4 would all happen at the same time. Mr. Schultz will reorganize the work plan to bring the residents on board earlier. Mayor Droste is concerned about having a single item issue. Mr. Verbrugge stated they are looking at the OP funds and tying all the items together. Council Member Sterner was concerned about the amount of public support that is expected. Mayor Droste noted there is no requirement to have an athletic complex. Mr. Schultz added that while there are standards for requiring additional facilities we need to have the support from the residents to put the project together. Mr. Verbrugge noted the obligation on the City's part is to be creative in how the project is approached. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 Mr. Schultz provided copies of and explained the different alternatives for the athletic complex if the City would buy the Mnnova parcel. Mayor Droste suggested meeting with RA_AA and the Parks Commission to go forward with the project. NIr. Schultz stated he will set up a meeting with the groups. Parks Commissioner_ Johnson added that the site selecnon is important in determining the marketing and where to go with the project. He further added how important the need for the complex is but if it is not an immediate goal they will build the current needs into them existing parks. Mayor Droste noted the project is important but added a few option: are still out there and available. Mayor Droste prefers to he strategic in moving forward with the project. Council Member DeBettignies is expressly impressed with the vision of the plan. Two major crossroads are located in the subject area and there would be excellent access to the site. Our options should remain open due to not knowing the future of l More Park. Council Member Baxter stated an athletic complex does not hit his top five goals for the City. The Council is faced with so many different things that the citizens of Rosemount want to support. In his opinion, no one seems to be jumping up and saying this is a number one priority in the City. Council Member Sterner stated this project is his number one priority. He would prefer to see the Council working harder on this issue. Mr. Sterner supports looking at the Minnova parcel and the Flint Hills Resources properties. 2.C. Joint Power Agreements for City of Eagan for Sewer Service City Engineer Brotzler summarized the staff report. In) oh 2001, the Council adopted the North Central Sanitary Sewer Study Also in 2004, the Council adopted a resolution requesting a Joint Powers Agreement with the City of Eagan for the future extension of sewer service from Eagan to this area of Rosemount. The majority of the future extension c f 120'" Street to STH 3 lies in Rosemount and that part of the City is zoned rural residential. The Joint Powers Agreement would have a time frame of extending 120 Street to Highway 3 within 10 years. Council Member DeBettignies questioned if the City is building and paying for that'.! mile portion of 120 Street would the boundaries be assessed to the City. Mr. Brotzler noted that was another item brought to the City of Eagan's attention regarding the boundaries being realigned between Rosemount and Eagan. Council Member Baxter questioned the cost of upgrading the half mile section of the road at the present time. fir. Brotzler said the cost would be about a half million dollars. Council Member Sterner asked Mr. Brotzler his opinion of which option to use for the 120 Street extension. Mr. Brotzler noted that option 2 would be a plan MnDOT would favor 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 due to how the roads would align at STH 3. Although, option 2 creates other issues including the upgrades to Highway 3 and the access to current properties on the west side of STH 3. Mr. Brotzler noted that moving forward with the road the City could identify an area for urban development. Council Member DeBettignies stated if the cost of the road falls on Rosemount why pursue the road until development would be occurring. Air. Brotzler noted that an option to the City of Eagan's requested time period of 10 years would be a comminnent to construct the extension of 120' Street to STH 3 when urban development along Bacardi Avenue gets to a certain point. Air. Brotzler added that different developers have shown interest in developing this area. Staff has used the Council's standpoint to retain the rural residential character. AIr. Baxter stated if the time is tied into the developable land sunset date he is fine with that but he prefers not to be tied into a specific date. Mayor Droste asked Mr. Brotzler to bring the item back next month showing difterent options for capacity for the Bester parcel in relation to impacting the surrounding parcels. Mr. Brotzler noted it was suggested that both Councils meet regarding the 120' Street and Highway 3 issues. 2.E. Policy Review Assistant City Administrator Weitzel summarized the staff report. 'The Council was being asked to consider the Travel and Conference Reimbursement and City Credit Card policies. Ms. Weitzel first outlined the City Credit Card Policy and the procedures followed when using a City credit card. Council Member Sterner questioned who the majority of the credit card users would be at City Hall. Mr. Verbrugge noted the majority of the users would be the department heads. Ms. Weitzel outlined the Travel and Conference Reimbursement Policy. It includes a six -tier per diem rate system established by the General Services Administration and guidance regarding Lodging and travel procedures. Council Member DeBettignies questioned how the pier diem allowance will be policed in regards to attendance at a conference. Mr. Verbrugge noted that if a lunch is provided the attendee is expected to eat the lunch and it will he subtracted for the pier diem. Ms. Weitzel noted that any questions or interpretation of this pohcy would be determined by the City Administrator. Ms. Weitzel added the lodging will be at a single rate. If a spouse is lodging as well, that expense will be paid for by the spouse and not the Ciry. If receipts could IF he obtained, reimbursement of expenses would be at the City Administrators discretion. Mx. Verbrugge noted the policies will be on the April 18, 2006 agenda for approval. 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 2.F. Council Compensation Ciry Administrator V crhrLLige summarized the staff report and distributed a handout depicting the setting of the Mayor and Council's salaries. Mr. Verbrugge explained the data distributed to the Council. The suggested compensation levels appear to be fair based on similar metro -area communities and neighboring cities. The new compensation would take place on January 1, 2007. Council Member Sterner stated he felt the $6,000 is a reasonable increase. He suggested moving the mayoral salary to approximately $8,000. However, Council Member Sterner is not opposed to the mayoral rate of $8,400. Council Member Baxter agreed that $6,000 is fair compensation for the council members and the mayor's job requires more time and commitment and should he at $9,000. Mr. Baxter would like people to be aware that the mayor's job requires an enormous amount of time and effort. Mr. Verbrugge added the salar, is also based upon the expectation of duties. Council Member DeBettignies questioned the special meeting pay and if other cities are receiving a stipend for attending special meetings. Mr. Verbrugge confirmed he was correct and added it's the same stipend as with the Port Authority. Council Member DeBetrignies suggest a salary of $7,500-$8,000 for the mayor. Mr. Verbrugge noted the item will be before the Council again next month. UPDATES 3.A. Health Management Program Update Ms. Weitzel summarized the staff report. To perpetuate a shift towards a more conscious health care consumer, the Insurance and Benefits Committee members have proposed a weight -loss competition open to all employees as part of the City of Roseniount's Wellness Program. This contest v;( encourage employees to lose weight, become more physically fit, and become more educated about issues affecting their own well being. The contest incentives will include small fitness- related items, with a grand prize of one additional vacation day for each member of the winning team. The Council Members were on board with the plan and thought it was a great idea. 3.B. GIS Tech Position Nir. Verbrugge distributed an email regarding the new GIS Tech position. Community Development Director Lindquist requested retaining Shuang Ao as an employee during the transition of the hiring of the GIS Tech and the implementation of the new cartegraph system in the Public Works department. The Council Members were in support with the request. Mayor Droste adjourned the meeting at 10:39 p.m. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION APRIL 12, 2006 Mr. Verbrugge received a call from a concerned resident regarding the Empire Outfall project. Mr. Verbrugge provided the Council with a quick overview of the project should a resident inquire. Respectfully Submitted, Amy Domeier, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 18, 2006 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a r cgul r meeting of the Rosemount City Council was duly held on Tuesday, April 18, 2U06, 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 Sterner, Baxter, DeBettignies, and Shoe Corrigan attending. Staff members present were City Administrator Verbrut e, Assistant City Administrator Weitzel, City attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Finance Director Slay, Parks and Recreation Director Schultz, Communications Coordinator Cox, Chief of Police Kalstahakiren, Fire Chief Aker, and Recording Secretary Burr. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrt:t ter stated there is _one add -on item for consent, 6 -S, Mercury Contamination Settlement Agreement and Mutual Release. He also noted Mr. LeFevere has worked with Council Member Baxter to resolve any final concerns as a result of Council discussion on this item. Mr. Verbrugge noted he has add -on items for Items 6.k., 6.1., and 6.m., which are the maps Council Member Sterner has requested for these items. Mr. Verbrugge stated Item 5.a. concerns volunteer recognition. This is the third year the City has taken the opportunity to recognize National Volunteer Week by localizing it and bringing in the many people who contribute efforts to their community. He asked that because so many residents are in attendance for that portion of the meeting, that volunteer recognition should occur prior to public comment on the agenda. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the addition of 6 -S, the three add -on items, and the movement of Item 5.a., to earlier on the agenda. Ayes: 5. Nays: 0. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Volunteer Recognition Mayor Droste stated this is the third year the City has held the recognition in conjunction with National Volunteer Week—which is April 24 through April 28. He noted on March 21, the Council passed a resolution which stated the Cin' of Rosemount "benefits greatly from volunteers by their efforts to meet social needs." Additionally, "Volunteering promotes fellowship and unity, as well as increased community awareness and the maintenance of the quality of life." Mayor Droste noted the national survey estimates that approximately one out of four residents in a community volunteer. Using that estimate, about 4,600 Rosemount residents take part in some sort of volunteer work, though that figure is probably low given the efforts in churches and schools. Mayor Droste explained Council Member Shoe- Corrigan will read the names of the volunteers and he will present each individual with a certificate from the City. Council Member Shoe Corrigan stated the Council is honored throughout the year by visits from Rosemount's youngest people who have achieved a high level of merit in Scouting and who receive commendations from the City. Tonight there are a number of honorees who make those accomplishments possible by serving as leaders. Council Member Shoe- Corrigan recognized Scout Leaders Patti Mohrland, Linda Murray, Michelle and Kevin Rambo, Laurie Rumpza, Susan Snav, Jackie Speich. She noted Kathy McCoy, Jan Holmes, and Theresa Johnson organized Girl Scout camps. Council Member Shoe Corrigan stated the City is proud of its collection of parks for the benefit of its residents. Many of those parks are maintained through the volunteer efforts of various groups, families, and a long- standing Rosemount business. The Council has asked representadves of each group to accept a certificate. Council Member Shoe- Corrigan recognized Diane Sowokinos, Girl Scout Troop 1392; Barb Hester, Rosemount Moms Club; Steven Murphy; lulie Scribner; Connie Gilson; Ramona Murphy, the Murphy family; Roxann and Tern Duffy: Machelle Otto, Girl Scout Troop 649; Loren Sworski, Rosemount Knights of Columbus, Columbian Squires and Sduirertes; Doreen Ulrich, Community Action Council Volunteers and Neighbors; Kathy Smith, Brownie Troop #187; Debra Lembecke, Brownie Troop #2400; Katie Peterson, Haage, Peterson and Studley Families; Kim Mohrhauser, Fluegel Farm, Garden Pets; Angie Debettigaies; and Runa Mullin, Young Remhrandts. Council Member Shoe Corrigan stated Rosemount's public and nonpublic schools benefit from the assistance of scores of volunteers, who help in the classrooms and with activities and fundraising beyond. The City asked each school that series students from Rosemount to suggest volunteers who can stand in tonight for the large number of parents and other adults helping Rosemount students. Council Member Shoe Corrigan recognized Elaine Benfante, Rosemount Middle School; Tem Slater, Rosemount Elementanv School; Kay Zavala, Shannon Park Elementary; Melody Klein, Red Pine Elementan; Julie Bierbaum, Diamond Path Elementary; Can Wenzel, Rosemount High School; Jan Manning, Rosemount High School; Gordon and Paula Phillips, Rosemount High School; and Laura Kessler, St. Joseph School. 1 Council Member Shoe Corrigan recognized Mackenzie Drutowski for work with Dakota Woodlands. She recognized Joe Walsh for serving, among other things, during Teen Nights, Egg Hunt, and Winter Fest with help and supplies. Council Member Shoe Corrigan recognized Maureen Geraghty Bouchard for work on Rosemount history, Downtown design, and other civic efforts. Council Member Shoe Corrigan stated the final group combines two large committees whose members organize and carry out Rosemount's nvo community celebrations: Leprechaun Days in duly and the Haunted Woods Trail in October. The Council combined the lists because so many of the individuals devote time to both celebrations. Council Member Shoe Corrigan recognized Steve Ball, Mark Bigelow, Laura Davis, Dale Dose, Debbie Grimm, Doug Hagerty, Shelia Hathaway, Sam Holl, T.I. Hrbek, Becky Hunt, Gene Illg, Pegg- Johnson, Tad Johnson, Eric Komorousld, Randy Komorouski, Jamie Koronkiewicz June and Bob Korthaurer, Forrest Krogh, Darline Lehmann, Jerry Little, Tim Litde and Christine Loberg. Council Member Shoe- Corrigan continued with recognition of John and Ann Loch, Gerald Mattson, Betsy McMenomy, Amy Murphy, )ern' Noll, lash Peters, Sally Revoiinski, Cheryl Ruud, lane and Bob Schwartz, Kyle Snesrud, Gene and Cindy Stiles, Michele Stookey, Phil Tobey, Marsha Toombs, John Traeger, Lynda and The Webber, Shannon \F'eigland, Alice Wenzel, and Tom Werner. Council Member Shoe Corrigan noted the community celebrations were led last year by two busy volunteers: Mike Bouchard for the Haunted Wood Trail and Dorene Perkins for Leprechaun Days. Mayor Droste added he delivered the State of the City speech a month ago and noted it is the citizens and volunteers that work within the community to make it so strong and viable. He expressed appreciation for the volunteers' efforts. City Administrator \'erbrugge added the people recognized this evening were all names submitted to the City. He encouraged anyone to contact NIT. Cox if any names were missed this evening. Mr. \rerbrugge added the efforts of all Rosemount's volunteers make the City staffs 'ohs a lot easier. Council Member Baxter expressed his appreciation for all the volunteers recognized this evening. He continued that the City spends a significant portion of its meeting time on budgets, and he is struck by how much the volunteers contribute so that certain jobs do not have to be paid for by the City and schools. Council Member DeBettignies added there is a strong core of business owners that donate to organizations. They give generously and donate things for these events as well. He thanked the business owners in the community for their efforts and donations. 1 1 PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS CONTINUED 5.b. Arbor Day Proclamation Parks and Recreation Director Schultz stated as part of participation in the Tree City, USA program, one of the requirements is that the City of Rosemount observe Arbor Day:. The City has done this for 13 years. An Arbor Day celebration is proposed for May 6, at Central Park. Mr. Schultz continued the City intends to give away six to eight foot trees, one to each of the first 150 residents present. The trees are bare -root and should be planted within 24 hours of receiving them. He also advised residents to call Gopher State One Call at least 72 hours prior to digging. Mr. Schultz added the sponsor for the event is Dakota Electric Association. He expressed appreciation to Dakota Electric for cash donations to help purchase the trees given away to residents. Motion by DeBettignies. Second by Sterner. Motion to approve the proclamation naming May 6, 2006, as Arbor Day and the month of May as Arbor Month. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Council Member DeBettignies requested the removal of Item 6.b. from the Consent Agenda. Council Member Sterner requested removal of Item 6.o. from the Consent Agenda. Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda, Items a. through s, with the removal of Items 6.b. and 6.o. a. Bills Listing b- Receive D;,z.atiaz Ii.c Department c. 2006A G.O. Equipment Certificates of Indebtedness Authorizing Issuance and Setting Bond Sale d. 2006B G.O. Improvement Bonds Issue Authorizing Issuance and Setting Bond Sale e. Appoinnnent of Assistant Fire Chief; Acting Secretary; and Ratification of Fire Department Officers, Committee Members and Training Coordinator 1 f. Authorize Hiring of Police Officer g. Hiring of a GIS Technician h. City Credit Card and Travel and Conference Reimbursement Policies Health Management Program j. Otto Ped (Solberg Aggregate Company) Mineral Extraction Permit Renewal 06- 21-ME k. Rosemount Industrial PUD Agreement Amendment 05- 42 -PUD 1. Receive Plans and Specifications /Authorize Advertisement of Bids Evermoor Crosscroft 3' Street Utility Improvements, City Project #403 m. Receive Plans and Specifications/Authorize Advertisement of Bids —ITT Business Park 1° Addition Street L1ti fn Improvements, City Project #402 n. Acquisition of Easements County Road 38, Phase 11, City Project #387 Fr. Statc Aid Milcogc Amcndmcn1s p. Payment #5 Final 2004 SCADA System, City Project #377 q. Combining City Project #387 and K393 Old Counry Road 38 /132n Court West Street Utilinv Improvements, City Project #387 r. Encroachment Agreement with Northern Natural Gas s. Mercury Contamination Settlement Agreement and Mutual Release Ayes: 5. Nays: 0. Motion carried. 6.b. Receive Donation Fire Department Council Member DeBenignies thanked the Gist family for the donation to the fire deparnnent. He noted Mr. Gist was a retired firefighter and recently passed away, and his family wanted the donation to be made in his memory. Motion by DeBettignies. Second by Baxter. Motion to accept a donation of $2 from the Kenneth Gist Memorial Fund. Ayes: 5. Nays: 0. Motion carried. 6.o. Municipal State Aid Mileage Amendments Council Member Sterner asked for further clarification of the road program. City Administrator Verbrugge stated City Engineer Brotzler is here to provide an overview of the Municipal State -Aid streets. City Engineer Brotzler stated the City of Rosemount is a state -aid City, which means it has a population over 5,000. All cities over 5,000 are eligible for the Mn -DOT Municipal State Aid program. The City receives annual monies from Mn -DOT called \]unicipal State -Aid funds, and is based on the combination of population, state -aid miles and needs. The City is a developing community and adds roads every year. The road mileage added ever_; year means the City can add 20 percent of that mileage to the State -Aid system. 1 Mr. Brotzler explained this year the City is proposing to revoke several state -aid routes that are existing routes and replace those with two new routes. He displayed a map showing state -aid routes. Mt Brotzler discussed which roads will be added and the rationale behind the two new additional roads. Council Member Sterner inquired about the criteria used when roads are changed in the state -aid system. Mr. Brotzler responded the first criterion is to determine if the City has spent state -aid dollars. If the City has spent stare -aid dollars in the past 20 years, the City is not allowed to take that road off the state -aid system. Regarding the roads the City is taking off, they were initially part of the City's state -aid plan. Mr. Brotzler explained the big reason for that is up until two years ago, the City did not have plans for development identified for east of Akron Avenue. Staff at the rime was trying to allocate all of the state -aid miles wherever they could. Now that the City is continuing plans for development east, there are a bunch of roads to be developed in the future and a need has been created for state -aid funds. Motion by Sterner. Second by Shoe Corrigan. Motion to adopt a resolution revoking Municipal State -Aid Streets and to approve a resolution establishing State -Aid Streets as stated in Item 6.0. Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING 7.a. Mankato Rehabilitation Center Project (MRCI) Preliminary Approval to the Project and the Issuance of a Commercial Development Revenue Note Finance Director May stated this item is on the agenda for Council to conduct a public hearing for the proposed project and financing for MRCI. This is the first financing that the City will have undertaken for these types of notes since the Council adopted a Private Activity Tax-Exempt Financing Policy on March 6 of this year. The public hearing is a step in the process for the company to work with the City to secure this financing. Mr. May stated this step involves the preliminay approval of the bonds by passing of the proposed resolution following the public hearing. The public hearing and approval are required by federal and state law. It is important to understand that this approval does not constitute approval or waiver of any other City regulations or requirements for the project, such as land use regulations. Mr. May stated that the approving resolution authorizes and is contingent on the project receiving the approval of the Minnesota Department of Employment and Economic Development. Also, the project will come back to the City Council at a later date for the approval of a final resolution approving the temps of the financing documents. 1 Mr. May stated the City's financial advisor, Springsted, and its bond counsel, Briggs Morgan. have supplied information included with the packet that addresses the project and the financing. He noted MRCI is in compliance with the City's Private Activiry Tax Exempt Financing Policy at this time. Mr. May noted from the planning side, the Community Development issued the attached letter to MRCI giving them conditional approval of their site plan. He noted on that aspect, the project is moving forward. Mr. May indicated Terri Heaton, a representative from Springsted, is present as well as Linda Leiding from MRCI. Linda Leiding, MRCI, provided background information about MRCI. She stated MRCI has been in business for over 50 years and provides support and services to people with disabilities. MRCI helps people with disabilities find day programs, volunteer, find gainful employment, and help them find leisure activities. Ms. Leiding noted N RCI works closely with the communities it resides in; it is important to MRCI to partner with business and schools. There are 12 different sites located around the southern parr of the state and in the Metro area. In this situation, two programs will be combined so that there is a nice site to work out of. MRCI will have up to 35 staff working out of the site along with about 100 to 150 consumers who will work out of the site as well. Council Member Sterner asked if the 35 staff members on site are volunteers or are paid. Ms. Leiding responded the consumers are paid along with the staff MRCI brings in light assembly work and packaging in the building. Additionally, there are some volunteers that come into the organization. She noted the consumers also enjoy their own volunteering. Council Member Baxter asked for clarification on the site location. City Administrator Verbrugge explained the site is where Boulder Avenue ends. Mayor Droste asked Terri Heaton to address the Council. Terri Heaton, Springsted, stated state exempt private activity bonds are a wonderful economic development tool in that they provide tax- exempt rates for 501 (C)(.3) corporations. The risk for these bonds is negligible. The City is serving as a conduit, but the loan is between Wells Fargo and MRCI, and the transaction is administered by Wells Fargo. She noted the memo outlines that MRCI has met the criteria of the policy. Motion by Droste. Second by Baxter. Motion to close the public hearing. Ayes: 5. Nays: 0. Motion carried. 1 1 Council Member DeBettignies asked for clarification on the statement of activities. He asked if \IRCI is showing a decrease in total revenue and assets as far as income and loss statements compared CO 2003 /2004. He noted there is an increase in expenses and increase in revenue; but there seems to be a negative in 2003 in assets. Ms. Leiding responded MRCI had a very difficult year in 2003 but was able to turn it around in 2004. Council Member DeBettignies asked how that was accomplished. Ms. Leiding explained it was done in a number of ways. MRCI's funding comes from a variety of sources. In 2003 state funding for some programs was cut by 1 percent, and in a couple of programs was cut by 3 percent. Staffing and other areas were adjusted to accommodate that. Additional consumers were brought into the program at the time, and more consumers bring in additional revenues. The trend now is that \IRCI is having another positive year with that. Council Member DeBettignies asked if MRCI was involved with major corporations like 3M. Ms. Leiding stated MRCI does work for 3M, Kraft, and other companies. As some of those come and go, work contracts are lost for consumers. Staff is always looking for additional contracts. Motion by Sterner. Second by Shoe Corrigan. Motion to adopt the resolution reciting a proposal for a commercial development project, giving preliminan approval to the project and the issuance of a Commercial Development Revenue Note pursuant to Minnesota Starnes, Section, 469.155 and authorizing the preparation of necessary documents (Mankato Rehabilitation Project (IRCI)). Ayes: 5. Nays: 0. Motion carried. OLD BUSINESS None. NEW BUSINESS None. ANNOUNCEMENTS City Adminirrator \'erbrugge noted he has one addition to the calendar. This Friday is the Business Excellence Luncheon hosted by the Northern Dakota County Chambers of Commerce. A majority• of the Port Authority will be in attendance, so it has been noticed as a public meeting in accordance with State law. He added the opponunin still exists to attend the meeting, and a seat can still be reserved bv calling the Chamber at 452 -0572. Mayor Droste reviewed the scheduled meetings on the City calendar. 1 1 1 ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:24 p.m. Second by DeBettignies. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Allison Burr, Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION APRIL 18, 2006 Pursuant to due call and notice thereof, a City Council Special Work Session was held on Wednesday, April 18, 2006, at 8:34 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Sterner, DeBettignies, Baxter and Shoe Corrigan attending. Staff members present were City Administrator \'erbrugge, City Engineer Brotzler, Community Development Director Lindquist and Communications Coordinator Cox. Guests in the audience included John Domke and Rick O'Gara. DISCUSSION 2.a. SKB Expansion Report. Community Development Director Lindquist overviewed SKB's intent for expansion of its current facilities. Ms. Lindquist explained issues to be investigated for the expansion including the potential impact on tax base; impact on economic development potential of the surrounding area; comparison to other communities with facilities in size and location; the municipal waste comparison to the existing conditions; other development opportunities in the proposed facility expansion location; and consistency in meeting goals and policies of the Comprehensive Plan and City Council. Rick O'Gara described land owned by SKB and the opportunity they have for an option to purchase land owned by Pine Bend Development Company east and contiguous to their land. The cells would allow continued construction and demolition waste, industrial waste and possibly fly -ash all of which they are currently permitted to accept. Great River Energy owns land to the south and may be interested in burning municipal solid waste NSW) for energy if they do develop the site. The site would have to be rezoned to a solid waste district and would require significant testing by regulatory agencies. SKB would Like an indication from City Council if they are willing to consider rezoning of property to permit the expansion. SKB is considering an option on the property for Eve years. Council Member Baxter asked if it wouldn't be built until the current site is Tilled. Mr. O'Gara responded by saying yes unless there is MSW in which case they may proceed earlier. Council Member Shoe Corrigan questioned the end use plan. Mr. O'Gara stated nothing could be done which needed foundation footings but the site could be a golf course for example. Council Member Shoe- Corrigan questioned if the new site would come on line in approximately 10 years unless it was used for MSW? Mx. O'Gara stated yes and then probably another 10 years to till it. Council Member DeBettignies asked about the adjacent home. SKB is going to try to acquire the home although the current occupant has a kennel and prefers to keep it functioning. Council Member Shoe Corrigan was concerned about the odors. Mr. O'Gara said MSW at Pine Bend in Inver Grove Heights and Burnsville generally do not have odor issues. They are required to cover MSW daily with a 6 -inch dirt cover or synthetic cover. Council Member Baxter was impressed when he visited current operations and stated he needed to know more about municipal solid waste before giving an opinion. Council ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION APRIL 18, 2006 Member DeBettignies questioned the existing life of the operation and Mr. O'Gara stated it would probably be 10 more years. Council Member Sterner was concerned about what can go into MSW versus C D which is fairly clear. Mr. Dornke stated they have an excellent management track record. Their approach is to design one -step beyond what is required by state law. Mr. O'Gara asked the Council to consider their plan. Council Members DeBettignies and Sterner stated their interest in talking to other communities. City Administrator Verbrugge gave timeline suggestions. Recycling options were also discussed. Mayor Droste thanked SKB for their presentation and noted Staff would contact them for clarity on the issues. 2.b. Special Connection Charge !n -Lieu of Assessments (132 Court and CR 38 Property Owners). City Engineer Brotzler recapped the issue that was discussed the past summer when the plan was to come forward with a connection charge policy but the Rohr situation has moved the need up to demonstrate no uncertainty for the Rohrs as the City acquires easements. Council Member Shoe Corrigan asked if the special connection charge was specific to this district or would it be applied to other areas. Mr. Brotzler noted that the special connection charge would be a specific district only. Mr. Brotzler talked further about the North Central Sanitary Sewer area. Council Member DeBettignies said the charge should apply to the whole area. Council Member Baxter thought the CR 38 project drove the issue. Council Member Shoe- Corrigan stated this charge would save the City money and time and other areas are different because there is not a developer to pay for the improvements. Council Member Sterner questioned if the City could go back to one stub for the Rohrs. Mr. Brotzler clarified that the Rohrs would only pay for one stub at the time of connection and the City would care the cost of the second stub in the event the parcel is subdivided in the future and new connection fees would be paid at that time. Council Member Shoe Corrigan directed staff to go forward with the special connection charge. Mr. Brotzler stated he would work with Charlie LeFevere to bring the item back on May 2 2.c. Joint Powers Agreement. City Administrator Verbrugge stated the City and Count' must enter into a Joint Powers Agreement for the maintenance and operations of the Rosemount branch Dakota County Library. A copy of the Joint Powers Agreement was part of the staff report for Council review and consideration. Mr. Verbrugge outlined the terms of the Agreement and noted that several items were either renegotiated or clarified. Mr. Verbrugge noted the demolition obligations related to the rectory and parish center buildings. The intent is to maintain control for the leased space for whatever the County wants to do. Council Member Sterner suggested the possibility of moving the buildings versus the buildings being demolished. Mr. Verbrugge stated the large cost of moving buildings. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL WORK SESSION APRIL 18, 2006 Council Member Baxter would like the City to have an approval of the end use of the building. Mr. Verbrugge stated the different access options, cost sharing of access construction, parking lot maintenance, snow plowing and monument placing. UPDATES a. Intern /Community Outreach Program City Administrator Verbrugge noted a Rosemount resident is participating in the public administration program at Winona State Vni\ ersin Mr. Verbrugge would like to offer an internship to the individual to job shadow the City Administrator and work on various projects in the City. Council Member Baxter considered the internship a great idea. Mayor Droste stated it would be a good time for the intern to gather feedback on the athletic complex. b. Council Member Updates Council Member Sterner questioned the handling of emails. He proposed that the City Administrator and Communications Coordinator receive copies of all emails that the Council receives in order to provide feedback to the residents. Council Member Sterner requested an update on hiring. Mr. Verbrugge provided updates on the City Clerk and Senior Planner positions and the recent hiring of the part -time Utility Billing Clerk, Code Compliance Specialist. Public Works Maintenance Work and the GIS Tech. Council Member Sterner also suggested keeping spending in Rosemount. Council Member Sterner noted a spaghetti supper fundraiser would be held for Heidi Ness who has AI S on April 29'. Council Member Sterner suggested a railroad theme for the new library. Council Member Shoe Corrigan wanted at the next work session agenda to talk more about 120 Street and beyond concerning rural residential and open space. Council Member Baxter would like the access issue on the CDA parcel to be discussed at a work session. Mayor Droste stated he spent the day at the Capitol and met with Senator Gerlach who will be amending the air cargo bill for the transportation study. Mayor Droste also added that Burnsville has a three million dollar request for its \Water Treatment Plant in bonding bill. Mayor Droste adjourned the meeting. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 2, 2006 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, May 2, 2006, 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 Sterner, Baxter, DeBettignies, and Shoe Corrigan attending. Staff members present were City Administrator Verbrugge and Recording Secretary Burr. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated prior to the Council meeting he distributed information related to taro items on consent, 6.i., Receive Bids/Award Contract 2006 Pavement Management Improvements, City Project 4396 and 6.j., Receive Bids /Award Contract 2006 Pedestrian Facility Improvements, City Project #400. Mr. Verbrugge noted both bids came in substantially below the engineer's estimates. On the pavement management improvements, the area where that program will be done is west of Chippendale, south of Dodd, and north of County Road 42. He added there is a considerable savings of about 10 Mr. Verbrugge indicated for the pedestrian facility improvements, there is a savings of about $130,000 from the engineer's estimate. The reason for the savings is some of the concerns about bituminous pricing were not realized during the bidding process. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with the additional information relating to 6.i. and 6.j. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS None. CONSENT AGENDA Mayor Droste requested to pull 6.j. from the consent agenda. 1 Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda, Items a. through o., with the removal of Item 6.j. and the addition of information relating to Items 6.i. and 6.j. a. Minutes of the April 4, 2006 Regular City Council Proceedings b. Minutes of the April 12, 2006 City Council Work Session c. Minutes of the April 18, 2006 Regular City Council Proceedings d. Bills Lisdng e. Receive Donations Parks Recreation Dept. f. Expenditure Approval from the Donation Account Parks Recreation Dept. g. Receive Bids and Award Contract for Fire Station II Project h. Hiring of the City Clerk i. Receive Bids/ Award Contract 2006 Pavement Management Improvements, City Project #396 j. Receive Bids /Award contract 2006 Pedestrian Facility Improvements, City Project #400 k. Receive Plans and Specifications /Authorize Advertisement for Bids Old County Road 38/132n Court Nest Street Utility Improvements, City Project #387 1. Receive Plans and Specifications /Authorize Advertisement for Bids Glendalough 7 Street Utility Improvements, City Project #401 m. MnOPS City Police n. Ordinance of Special Connection Charge District o. Acquisition of Easements GlenRose of Rosemount, City Project #397 Ayes: 5. Nays: 0. Motion carried. Mayor Droste asked when the pedestrian facility improvements will begin and which major areas will be improved this year. Mr. Verbrugge responded he does not have a specific start date. However, since the contract is to be awarded shortly, the work should begin within a month's time. He indicated he will check on the exact start date and will report back to the Council. Mayor Droste asked if the section of the trail to be repaired is the east side of Shannon Parkway that was not repaired three years ago. Mr. Verbrugge itemized all improvements to be made this year. Mayor Droste inquired if this information will be on the City's website. Mr. Verbrugge responded affirmatively. Motion by Droste. Second by Sterner. Motion to receive bids /award contract 2006 pedestrian facility improvements, City Project #400. 1 1 Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING None. OLD BUSINESS None NEW BUSINESS None. ANNOUNCEMENTS Mayor Droste reviewed the scheduled meetings on the City calendar. Mr. Verbrugge noted the Council's monthly work session has been rescheduled for the fourth Wednesday of the month, and it will begin at 6:00 p.m. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 7:39 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Allison Burr, Recording Secretary ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 2006 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due [-Mond notice thereof, a regular meeting of the Rosemount City Council was duly held on Tur.day, May 16, 2006, at -30 p.m. in the Couicil Chambers at City Hall, 2875 145 'Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBertiim es, and Shoe Corrigan attending. Staff members present were City Administrator \`erbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Police Chief Kalstabakken, Fire Chief Aker, Finance Director Jeff May, and Recording Secretary Burr. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator \'erbruKge noted there is add -on information for Items 6.f. and 6.g. Item 6.k. has a revised resolution. The item listed as 6.h. needs to be re-titled 6.m. They both relate to the same project, but they are separate acquisitions. Mr. \'erbrugge noted there is additional information for 8.a. and 8.b. He also noted the calendar revision. It should reflect next Monday's meeting is a public meeting, not a public hearing. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the additional information of 6.f. and 6.g the revised information of 6.k., the addit on of 6.m., the additional information for 8.a. and 8.b., as well as the calendar change. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Lorrayne Ingram, 3310 West 147 Street, noted she would like the City to have some sort of enforcement policy or code regarding trucks racing up and down the streets. She stated the trucks have been modified and are illegal. She has gotten the license plates numbers and called them in, and nothing seems to be done. She noted they drive 50 or 60 mph down residential streets and are often racing each other. She stated her understanding is the police have to be able to catch them and have been unable to do so. Mayor Droste asked what streets these incidents are occurring on. Ms. Ingram responded she walks around the pond behind City Hall and hears it, and she heard it near the baseball fields. She also sees them up and down 42 all day driving way beyond the speed limit. 1 1 1 Councilmember Shoe Corrigan stated something similar happened to her yesterday. The driver of a truck came up quickly behind her while she was turning into her driveway, honked at her, and sped around leer. Mr. Verbrugge noted he will talk with Police Chief Kalstabakken and will report back at the next Council meeting. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Emergency Medical Services Week Recognition and Recognition of Public Safety Staff Police Chief Kalstabakken stated this is Emergency Medical Services Recognition Week, and the public safety agencies are being recognized for response to an accident on April 8. He introduced John Huot of LifeLink to discuss the accident in further derail. John Huot stated one of his jobs at LifeLink is to review the runs after a certain period of time. Mr. Huot provided a history of the medical care available in the 1850s. Mr. Huot described the accident of April 8, when the Eagan dispatch received a call about an accident with injuries. He noted the first officer on the scene decided to request a LifeLink helicopter. That decision made the difference in saving the man's life. There was a man pinned under a car and a car on tire. Mr. Huot described the medics arrived and determined the patient needed rapid sequence inrubation, c hich only a handful of service:. in the country are using. About 15 minutes after the initial call was made, the helicopter landed. At the same time, the fire department was putting a tire out. The patient was delivered to Regent's Hospital only 50 minutes after the accident occurred. Mr. Huot stated very few cities in the country could have responded in such a way. He also congratulated the Council an their support tW the public safety' staff. Police Chief Kalstabakken introduced the two dispatchers working at Eagan that morning as well as the two Rosemount police officers on the scene that morning. Fire Chief Aker introduced all the Firefighters present at the accident that morning. Mr. Verbrugge read aloud the letter of thanks from the father of the person injured that morning faxed a letter to City staff. Mayor Droste noted there are 42 firelighters and 23 police officers ready to serve the community every day. Their time and commitment is greatly appreciated by the Council. 5.b. Introduction of Allan Fink, Code Compliance Specialist Community Development Director Lindquist presented Allan fink, the new Code Compliance Specialist for the Cir He has been employed by the City for one month. She noted he has a lot of public contact in this position, so she thought it would be helpful to introduce him in a public setting. Mr. Fink introduced himself to the Council and provided some of his proftssioaal background. He stated he has 21 rears of experience in police work, the last 9 years as a police sergeant. He noted lie has vast experience responding to calls and dealing with the public in a wide variety of situations. Mr. Fink stated after 21 years as a police officer, he decided to shift gears for a different type of experience, and for the past year he was the facility maintenance manager for a church in Farmington, which provided him with an opportunity to view facilities from a new perspective. Councilmember Baxter welcomed Mr. Fink to his position and to the City. He advised Mr. Fink he is often interested about whether situations that may arise around town are code violations or not, and he will likely contact Mr. Fink about them. Mayor Droste welcomed Mr. Fink and wished him well in his position. 5.c. Proclamation of National Public Works Week Mayor Droste noted May 21 -T7 is National Public Works Week in Rosemount. He stated the Rosemount Public Works Department is a team of 20 people dedicated to maintaining a safe, clean, and enjoyable environment for all residents and businesses. The team's mission is to enhance the quality of life through responsive, efficient, and cost effective delivery of services consistent with community values. Mayor Droste continued the department consists of an operations superintendent, a Public Works supervisor, 15 full-time maintenance workers, two mechanics, and a custodian. They are busy throughout the year maintaining 100 miles of streets, 65 miles of sidewalks and bike trails, and 270 acres in 23 parks throughout the City. Mayor Droste indicated the most visible activities include street sweeping, hydrant flushing, mowing, and plowing/sanding streets. Behind the scenes, personnel maintains more than 200 pieces of equipment, 61 Cin vehicles, and 23 heavy machines including street sweepers, tractors, loaders, utility trucks, snowblowers, and lawn mowers. Mayor Droste noted the Department maintains the underground infrastructure system, cleans the sanitary and storm sewer system, and ensures proper functioning of the water supply and distribution system. Mayor Droste thanked the Public Works Department for all of their hard work to keeping the City's infrastructure safe and efficient. 1 1 Motion by Droste. Second by Sterner. Motion to approve the Proclamation of National Public Works Week. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda, Items a. rhrot.gh m, with the modifications. a. Minutes of the May 2, 2006 Regular City Council Proceedings b. Bills Listing c. Receipt of Donation DARE Program d. Designation of Polling Locations for 2006 Election e. Mankato Rehabilitation Center Project rMRCh Approve the issuance and Sale of a Commercial Development Revenue Note Receive Bids /Award Contract Evennoor Crosscroft 3' Addition Srreets Utiliy Improvements, City Project #4003 g. Receive Bids /Award Contract —11T Business Park 1" Addition Streets Utility Improvements, Cit}v Project #4102 h. Acquisition of Easements Old County Road 38, Phase II, City Project #387 i. NPDES General Stormwater Permit and SkX:PPP j. Glendalough 7h" Addition (US Homes) Final Plat, 06 -25 -FP k. Rosewood Village 2n Addition (Topaz, LLC) PUD Administrative Amendment, 06- 30 -AMD 1. Rosewood Storage, Inc. PUD Administrative Amendment, 06- 37 -Ab'ID m. Acquisition of Easements Country Road 38, Phase II, City Project #387 Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING 7.a. Old County Road 38 Eminent Domain, City Project #387 Mr. Brorzler stated the property is located at the corner of Highway .3 and 135 Street. He displayed an overhead illustrating the proposed easements. Mr. LeFevere stated the legislature has been considering significant changes to eminent domain legislation. At the time this agenda was set, one of the provisions in the proposed legislation required a public hearing before a City Council decided to proceed with condemnation. However, the final version of the legislation does not require public hearings for traditional public works projects. He noted public hearings are still required for development and redevelopment projects. To be on the safe side, staff decided to set this public hearing in case anyone wants to address the Council on this condemnation. Mayor Droste opened the public hearing at 8:05 p.m. 1 1 Mayor Droste noted the Council will not be taking any further action on this item this evening. Mr. LeFevere noted the previously proposed legislation would have required the City to wait 30 days after the public hearing before adopting the resolution. However, since it does not apply to this situation, he assumes a resolution will be brought back to the next Council meeting, and this condemnation will be added to the others in this project. Motion by Droste. Second by DeBettignies. Motion to close the public hearing at 8:07 p.m. Ayes: 5. Nays: 0. Motion carried. Mayor Droste noted a resolution will be brought back before the Council at the June 20t meeting. OLD BUSINESS 8.a. Accept Bids and Award Sale G.O. Equipment Certificates of Indebtedness, Series 2006A Mr. May summarized the sale of certificates of indebtedness, which will go towards public works equipment. He noted it is a five -year financing for the equipment. The second issuing today was for improvement bonds in the amount of $4.5 million. He noted those bonds are for the special assessment share and water core share of the Old County Road 38 project; the rest of that project will be financed internally. Mr. May stated bids came in and were closed at noon today. There were four bidders on the certificates. They ranged from 4 to 4.29 percent. The estimate given earlier by staff was 4.18 percent, so market conditions proved favorable. Mr. May reported for the improvement issues, staff had previously estimated 4.11 percent, and the actual 10 bids ranged From 3.96 up to 4.10 percent, with 3.96 percent being the winning bid. Mr. May summarized there were favorable rates and the sales went well. Last Thursday he and Ms. Heston had a ratings call with Moody's, which is held each time the City issues debt. Moody's took it under review Friday and had a lengthier than normal discussion. At this point the City's rating did not change from A -1. Thee spent most of the time discussing an upgrade to the City's rating. Councilmember Sterner asked if there is anything the City can do to improve its rating. Mr. May responded there is nothing staff and Council can do; it is determined by, among other things, the City's growing market value. Moody's does look favorably at the MUSA expansion just received. Councilmember DeBettignies asked what BBI means. 1 1 1 Ms. Heaton stated the BBI is the Bond Buyer Index, which is an average rate of the week before from all bonds in all categories that were issued. She stated it is a tracking mechanism. Interest rates are also tracked over time. Since last year, interest rates are up 30 to 50 basis points, which is not a significant amount. Motion by DeBettignies. Second by Shoe- Corrigan. Motion to adopt a Resolution Accepting Off on the Sale of $370,000 General t )bliration Equipment Certificates of Indebtedness, Serie 2006A, Providing for their Issuance and Levying a Tax for the Pat ment thereof. Ayes: 5. Nays: 0. Motion carried. 8.b. Accept Bids and Award Sale G.O. Improvement Bonds, Series 2006B Motion by Sterner. Second by DeBetrimies. Motion to adopt a Resolution Accepting Officer on the Sale of $4,105,000 General Obligation Improvement Bonds, Series 2006B, Providing for their Issuance and Levying a Tax for the Pay ment thereof. Ayes: 5. Nays: 0. Motion carried. NEW BUSINESS None. ANNOUNCEMENTS I\layor Droste reviewed the scheduled meetings on the City calendar, also noting the City wide garage sales this weekend and City Clean -Up Day on Sarurday from 8:00 2m 12:00 p.m. ADJOURNMENT Mayor Droste moved to adjourn the meetin` at 8:16 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Allison Burr, Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 24, 2006 Pursuant to due call and notice thereof, a City Council Special Work Session was held on Wednesday, May 24, 2006, at 6:04 p.m. in the Council Chambers at City Hall, 2875 145t Street \Vest. Mayor Droste called the meeting to order with Council Members Sterner, DeBettignies, and Shoe- Corrigan attending. Council Member Baxter entered the meeting at 6:12 p.m. Staff member° present were Cite Administrator \'erbrugge, Ci.v Envaueer Brotzler, Communications Coordinator Cox, Management Analyst Watson, Operations Superintendent Cook, PRiblic Works Supervisor Ko>lowski, Administration Intern Hudema and City Clerk Domeier. DISCUSSION 2.b. Public Works Quality Standards, Public Works Annual Report 2005. City Engineer Brotzler introduced Management Analyst Watson to the Council. Public Works Quality Standards: Mr. Brotzler stared the goal was to develop and formalize a g uiding document tor the operations of the Public Works Department. The document identities how the department is organized and establishes the daily activities and responsibilities of the department. Mr. Brotzler stated the asset replacements schedules, boulevard maintenance areas, trails and sidewalks maintenance, the NPEDS permit requirements, parks scheduled maintenance, inspections forms, and sewer and water and storm sewer systems maintenance procedures are identified in the report. Future goals and long term maintenance plans will assist in the budgetary needs of the City. For staffing, materials and equipment needed it can be identified what existing and future needs are and will provide a benchmark for future budgetary needs. As time continues and the standards are implemented, the goal is to develop a performance based budget that would allow staff to make decisions for needs and priorities to present to Council. Council Member DeBettignies asked if the reports could be integrated by taking the budget dollars and working them into the quality standards. Mr. Brotzler stated that in moving forward these standards are the stepping stone where the standards and budgets can be projected. A certain percent of the Public Works budget could be tied in the standards report. Council Member Sterner stated his concerns with the possibility of not being able to meet the quality standards. Mr. Brotzler stared the goal through the annual report is to provide information hack to the Council on where staff met the standards. There may be equipment or staff limitations or new initiatives brought on through the year that may change bow the standards are met. Council Member Shoe Corrigan questioned if inventories of equipment, seal coating schedules, and various other maintenance schedules would be kept in this document. Mr. Brotzler stated those items would be part of the annual report 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 24, 2006 Council Member Sterner stated for building maintenance carpet replacement every 12 years seems aggressive. Mr. Brotzler stated the time frame could he modified from 12 to 20 years. Council Member Shoe- Corrigan stared the cleaning schedule could be altered as well. Council Member Baxter applauded the effort of the Public Works Department for preparing the document. He questioned the maintenance of the bituminous roadways. Mr. Brotzler stated the maintenance schedule can be altered based upon the needs. Council Member Baxter felt the parks inspections occurring only once a month didn't seem adequate based upon the amount of usage in the summer months. Operations Superintendent Cook stated the playground equipment has to he inspected on a weekly basis and that a general inspection of the overall park area is completed monthly. Mayor Droste applauded the development of the document but questioned how the non- productive time would be measured and tracked when its weather related. He further noted a quality component is for employees to report what the status of projects is i meeting the expectation of the qualities. Thirdly, the customer report component needs to be integrated throughout the year. City Administrator Verbrugge questioned how resident calls are answered with CarteGraph. NIT. Brotzler stated there is a call link with the new system. Ms. Watson added that a citizen library will be set up to track concerns. \Ir. Brotzler described that a call will be tracked and queried and a work order will also be generated. An electronic record will be kept of the complaint, how it was resolved and the time and materials used. For snowplowing there will be a standard report produced to show the snow fall, the staff hours, the overtime, the trucks used, the amount of sand and salt used. A report will be generated to project for future sand and salt needs. Mr. Brotzler stated that from a work efficiency stand point the project schedules have been set up based upon the quality' standards to identify where staff resources are over or under allocated. Council Member Shoe Corrigan questioned the moving of benches and flower pots. Mr. Cook stated the benches and pots are removed for snow plowing purposes. Mr. Brotzler stated this will be a dynamic document as expectations and demands change over time. It will be reviewed and updated on an annual basis to review and reflect on the performance and Council expectations. Council Member Shoe Corrigan suggested adding the annual review language to the mission statement. Public Works Annual Report 2005: Mr. Brotzler stated the report provides a recap of projects, iniriatii es and task completed in 2005. Mr. Brorzler touched on the uses and new initiatives in using the new CarteGraph system. The GIS capabilities of the City have been broadened and provide maintenance workers with information in a time efficient manner. Council Member Shoe Corrigan suggested adding replacement schedules to the report. 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 24, 2006 The Council thanked the Public Works Department for assembling the reports. Mr. Brotzler acknowledged the hard work of Mr. Koslowski and Ms. Watson in developing the reports. 2.a. Joint Powers Agreement with City of Eagan for Sewer Service. City Engineer Brotzler stated this item was beb_irc the Council at the April 12, 2006 work session when the City reviewed the joint Powers Agreement with the City of Eagan. The Joint Powers Agreement would facilitate the extension of the sanitary sewer service to a portion of the north central area of Rosemount. The advantage with going with the City of Eagan is the ability to provide service to Sewer Districts A -1 and A -2 with a gravity system and the ability to provide service sooner if needed with less impact to adjacent properties versus an extension from the south. In relation to the transportation plan, Barcardi Avenue, a collector street, will need to upgraded in the funtre. From a police standpoint there will be a need to extend 120 Street to Highway 3. Mr. Brotzler noted that Earl Bester's property is located at the corner of 120 and Bacardi Avenue and Mr. Bester desires to have sewer service provided to his property for development. Mr. Brotzler stated the projected flows for the area and that Sewer Districts A -1 and A -2 are at the ct;pacin. available in the Eagan system. Mr. Bester's property is outside of the planned area to be served from the Eagan system and consideration to serve Mr. Bester's property with this system would require the elimination of planned sewer service to other areas currently within Sewer Districts A -1 and A -2. Mayor Droste questioned how the udiiw bills would be billed and would the sewer and water come from the Eagan system for the Rosemount residents involved. Mr. Brotzler stated the long term option was for sewer only. If urban development would occur to support that, water would have to be requested until the Rosemount system could provide for the area. It would be cost effective to serve the smaller residential properties between the railroad tracks and Highway 3. Mr. Brotzler stated the City would collect utility bills and submit payment to the City' of Eagan and the Eagan rate. Council Member Shoe Corrigan had no problem with providing sewer to the areas in Sewer Districts A -1 and A -2, but was concerned with rural residential areas looking to redevelop. Mr. Brotzler stated urban development would be driven if Eagan has a condition to upgrade 120" Street. The jurisdiction of 120 was discussed. Mt. Brotzler stated any plan to bring 120 to Highway 3 would fall entirely on Rosemount. The City will need I20''' Street as the future existing municipal urban service area develops. For Bacardi Avenue there is a road and right -of -way there already. The Bacardi Avenue extensions were also discussed. Council Member Shoe Corrigan was concerned with paying for the upgrades to Bacardi Avenue in 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 24, 2006 the rural residential areas and discussed how the preservation of the green space will affect the development and driving need to increase root tops in the area. Earl Rester stated that Manley Development intends to have housing on both sides of 120t Street and would put the road in. Services to A -1 and E -6 were discussed. Mayor Droste agreed with Council M.•mber Shoe -C orrig;•n that it is a policy issue if the designation of the area is changed. It will influence the surrounding properties. Mayor Droste added it should be incorporated into the 2030 Comprehensive Guide Plan. Council Member Shoe Corrigan was worried about the potential rural residential pockets that would be created with the upgrades to 120± Street and Bacardi Avenue. Council Member Baxter stated in regard to option #2 outlined in the Council memorandum for a Joint Powers Agreement to work for A -1 and A -2 that development should drive the extension of 120' St. Mayor Droste added that development from the south and development from the north are two different issues. If from the south, we need to have both utilities provided. Mr. Brotzler clarified the reference to 120" Street being extended as development occurs refers to development along Bacardi Avenue in the existing MUSA. Council Member Shoe Corrigan felt the City still has the right to decide what the community will look like in the future. She stated its time to consider if rural residential is right for the Cint. Council Member DeBettignies stated s eenway corridors are something the City really needs to take a look at. Council Member Shoe Corrigan offered another suggestion for the areas to be developed in a zoning district requiring a cluster development to preserve 50% or more of green space. It would benefit the properrr owners and the need to preserve the resource. Mayor Droste stated there should be a joint meeting with the Planning Commission to discuss the comp plan and the area currently discussed. Mayor Droste also added it is time to discuss what other areas in the City the Planning Commission should be directed to look at in long term planning and educating residents. Council Member Shoe Corrigan stated her different reasons for desiring to maintain the open spaces in the City. She further added that when preserving tracts of land the tracts should be contiguous. Mr. Verbrugge summarized that Earl Bester's property is not to be rezoned right now until the Comp plan has been reviewed. In regard to the Joint Powers Agreement with Eagan it was discussed to pursue language that has cooperation on the 120'' extension and property developing south of the area although it is unknown how the extension will be paid. Council Member Sterner prefers the City should maintain its own sewer and water. Council Member Baxter stated to let Eagan par for part of it if we have that option. Mr. Brotzler noted there are options available other Than only using development to pap for it. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 24, 2006 Mayor Droste suggested holding off on the Joint Powers Agreement based upon the need for communication with the residents and that this will occur as part of the 2030 Comp Plan Update due in 2008. Mr. Brotzler stated he would check with Eagan staff in regards to holding off on the Joint P: )wets Agreement for a year depending upon if Eagan may change development strategies if the agreement is not signed. 2.c. Special Assessments Deferral. City Engineer Brotzler summarized the report stating that due to an assessment hearing last year for a recon project, follow -up is being provided to the City Council regarding payment deferrals. There are provisions in State Statute for a person 65 years of age or older or retired by virtue of a l.ermanent and total disability for whom it would be a hardship to make assessment payments. Council directed staff to create language to develop a policy on the special assessment deferrals. Commissioner Baxter preferred the Robbinsdale language. Mr. Brotzler questioned the process in moving forward whether by staff presenting the information in a memorandum for discussion or to plow forward for Council level approval. Council Member Baxter suggested bringing it back as a work session item. 2.d. Water and Sanitary Sewer Rate Study. City Engineer Brotzler provided a background of the study. Mr. Brotzler highlighted the changes for the City's rate study. Currently, there is a flat rate that is paid regardless of the quarterly usage. Most Cities now use a base /increasing block structure. The primary goal of that type of structure is the promotion of conservation. Secondly, in 1989 a water surcharge of $8.90 was instituted to pay for the debt service of the construction of the Connemara Tower and has been used to pay debt service on the Eastside Tower. Based upon the rate study, there are adequate core funds so as the City continues to develop and with building capital improvements, the core funds are adequate to pay for the improvements. Because the existing surcharge is still in effect and the cost of building a future water treatment facility, the Utility Commission recommended maintaining the quarterly water surcharge to fund future debt incurred at the time the water treatment facility is constructed. The rates proposed have been modeled to change in 2007 and are projected for five years to 2011. A communication process will take place to inform the residents of the rate increase and the background of the rate study creating the charges. The base rates are proposed to increase 5'16 per year and the block rates are proposed to increase 10% per year. The proposed rates would account for future increases in operating costs and have been established to maintain a balance in both water and salutary sewer utility funds. Based upon the new land use plan adopted in July 2005 expanding the MUSA, the preparation of a Comprehensive Sanitary Sewer Plan is recommended and in 2007 to budget for a plan in the sewer budget. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 24, 2006 A survey of other community water and sanitary sewer rates was completed as part of the rate study. Council Member DeBenignies stated that Lakeville and Fagan have less costs than Rosemount. Mr. Brotzler stated for other communities it is unknown how their funds are allocated. With the unknown commercial or industrial rates for those areas, staff is unaware of the revenues collected by those types of uses. Mayor Droste stated his concern with the proposed increased rates and the public perception. Council Member Baxter thought the 10 "S increase is hard to justify. Council Member Sterner stated it pushes for the consen of water. Mr. Brotzler noted the need for the rate increases is based on the projected expenditures and fund balances proposed. Council Member Baxter suggested taking the higher block rate and making it higher to begin with and then increasing 5% thereafter. He further stated his concerns with collecting the $8.90 per quarter surcharge even though the purpose of the surcharge has changed. The surcharge should be designated to another specific project. Mr. Brotzler stated to get to the water treatment plant an estimate was made that 2009 was a year that debt would be incurred. It is showing by the collection of the surcharge through 2009 there would be up to a million dollars of revenue. it would cover the first year of debt payment for the water treatment plant. Mr. Brotzler laid out the factors of the decision in eliminating the surcharge. Council Member Shoe Corrigan stated it should be communicated that the surcharge will be used towards a water treatment plant. Mr. \'erbrugge stared he agreed with Council Member Baxter's standpoint on the levying of the surcharge as to what will the City do with the money it is sitting on. Mayor Droste stated his concerns with the conservation issues. Council Member DeBettignies stated his thoughts on the survey included in the packet and his request to analyze where the City was 20 years ago compared to where it is now. Mr. Brotzler stated it comes down to what our cost is of doing business today and projecting the cost of doing business in future years with striving to maintain a balance in the utility funds. Mr. Brotzler stared the biggest number for the Council to consider is the balance from year to year. Based upon the costs and projected revenues then finding what is acceptable and how far you want to draw it down. Mayor Droste requested more historical perspective on the issues and more discussions with Finance Director May. Council Member Shoe Corrigan requested figures on the number of residents using 30,000 gallons or more per year. Council ?Member Baxter stated it would look great eliminate the surcharge money. Council Member Shoe Corrigan wanted to know when the proposed water treatment facility would be built for communication to the residents. Mayor Droste suggested collecting more data to analyze the situation. The item will be brought back before the Council at the July work session. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MAY 24, 2006 UPDATES Mr. Verbrugge handed out the background information for his annual performance evaluation. The evaluation will take place on June 20, 2006 after the Ciro Council meeting in a Closed Executive Session. Mr. Verbrugge shared a concern of Forrest Keough regarding a failed septic system. Mr. Verbrugge gave the background of the case and stated rules for defining a system failed. Mayor Droste suggested that vIr. Verbrugge contact Mr. Keough regarding the start. statute for septic systems. Mr. Verbrugge updated the Council on Rich Lonncuist's medical status. Council Member Shoe- Corrigan stated the article in the paper related to the athletic complex was not clear in stating that funding of the project is a big concern. Mr. Verbrugge suggested sending a letter to the editor from the Council staring it is more of a tunding issue versus a priority issue. Mr. Verbrugge updated the Council on the status of Air Cargo. A tax bill included the Language on the Air Cargo. The business plan does not need to be rushed and the IEDZ does not need to be established until 2008. The tax bill did not include any property tax relief. The administrator's column in the Town Pages will have a legislative update and will also include the updated eminent domain information. It was noted the DARE Graduation at Rosemount Elementary was well attended. Council Member DeBettignies stated Officer Rosa did a wonderful job. Mayor Droste adjourned the meeting at 9:39 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 6, 2006 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursu.tnt to due cal/ and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June, 2006, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145i Street West. Mayor Droste called the meeting t rder with Council Members Sterner, Baxter, DeBetdgnies, and Shoe Corrigan attending. Statf members pr.'sent were City Administrator Verbru„ ge, Assistant City Administrator Weitzel, Cin Attorney LeFevere, City Engineer Brotzler, Police Chief Kalstabakken, Administration Lrtern Hud,-ma, Officer Rosa, Officer Rauenhorst, Sargeant Sommers, Officer Coughlin, Receptionist Coughlin and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA Gin: Administrator Verbrtt,g noted the changes to the agenda for additional information for Item 6.m. on the Consent Agenda and moving Item 6.m. from Consent to New Business Item 9.b. Mr. Verbrugge also noted the additional information for Item 9.a. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with the additional information of 6.m., 6.m. moved from Consent to New Business 9.b. and additional information for Item9.a. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT Cher Kalstabakken responded to Lorrayne Ingram's comments at the May 16, 2006 meeting. After the meeting, Ms. Ingrain followed up with an email addressing the problem areas. Since that time, officers talked to homeowners which generated the complaints by Ms. Ingram. No traffic stops have been made due to the complaints possibly due to the officer interaction with the homeowners. Mr. Kalstabakken encouraged residents to contact the Police Department when issues arise in their neighborhoods. He further stated different ways to relay complaints to the officers. The Police Department takes pride in the work they do and continues to participate monthly in SAFE Zone, which directs officers to perform increased performance in a designated area based upon citizen complaints and crash data. Mayor Droste appreciated the feedback from Chief Kalstabakken. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Police Officer Oath of Office Mr. Kalstabal rook 2rrat pleasure in introducing Ryan Coughlin to the City Council. Officer Coughlin began working for the Police Department on May 8, 2006. He is a 1 Rosemount native and Rosemount High School graduate. Mr. Kalstabakken summarized Officer Coughlin's education. Upon compleuon of field training in mid-August, Officer Coughlin is expected to begin workirg as a patrol officer. Mayor Droste administered the Police Officer Oath of Office to Ryan Coughlin Mayor Droste congratulated Officer Coughlin. CONSENT AGENDA Council :hniber Sterner pulled Item 6.k. for furrher discussion. Motion by DeBettignies. Second by Baxter. Motion to approve the Consent Agenda, Items a. through j., Item 1., and n. through o., with the modification to move Iteni 6.m. to New Business. a. Minutes of the May 16, 2006 Regular City Council Proceedings b. Minutes of the May 24, 2006 City Council Work Session Proceedings c. Bills Lisnnc d. Receipt of Donation DARE Program Expenditure from Donation Account DARE e. Receive Donation Parks Recreation Dept. f. Expenditure Approval from the Donation Account Parks Recreation Dept. g. Approve Amendment ro the Dakota County Mutual Aid Fire Services Agreement h. Resolution amending the 2006 Schedule of Rates and Fees relating to Plumbing/ Heating Permits i. Approval to Temporarily Permit Two Principal Structures at 12523 Akron Avenue j. Celtic Crossing, LLC Minor PLTD .Amendment to Consolidate Two Ground Sins into One Single Larger Ground Sim, 06- 27—At\1D k. C,i6scruft y \srccmcnt, Oi. AMD 1. Change Order 1— GlenRose of Rosemount Street and Utility Improvements, Citic Project #397 fth i. p Street Utility Improv tnent3, Cin PniACct i' "'1 n. Acyuisiti.m r,fEasements- County Road 38, Phase II, Cite Project #387 o. Authorize Eminent Domain, Old County Road 38/132" Court West Street and Utility Improvements, City Project 387 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: 0. Motion carried. 6.k. Crosscroft 3 Addition (D.R. Horton) Approval of an amended PUD Agreement, 06- 08 -AMD Council Member Sterner stated he did not have enough information to indicate where changes were made in the agreement. City Attorney LeFevere stated the changes were made to the building types. City Administrator Verbrugge added no substantial changes were made to the PUD Agreement. Mr. Verbrugge added Community Development Director 1 1 Lindquist could provide Council Member Sterner with the specific changes. Jerry Slobodnik of D.R. Horton stated :t clarification was made to the amendment to separate the way the agreement was drafted D.R. Horton staff members decided users in the future may not be able to decipher the language of the amendment. Kim Shoe Corrigan questioned the side yard setbacks. Mr. Slobodnik stated the setbacks were preciously approved in the original PLED. Setbacks were not changed from the agreement approved in May. Council Member DeBettignies questioned if lot numbers changed. Mr. Slobodnik stated the dimensions were consistent with the Preliminary Plat. The main reason tor the amendment was to clarify the different housing elevations. Motion by Baxter. Second by Shoe Corrigan. Motion to authorize execution of the PL'D Amendment Agreement and Conservation Agreement. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: 0. Motion carried. NEW BUSINESS 9.a. Ordinance Amendment Council Compensation Adjustment City Administrator \'erbrugge reviewed the City's compensation schedule as follow -up to the April work session regarding elected official compensation. Rosemount was trailing most of the like -sized communities in terms of annual compensation and salary. It has been five years since the City adjusted the mayor and council member salaries. Mr. \'erbrugge noted the draft Ordinance will not be effective until January 1, 2007. Motion by Sterner. Second by Shoe Corrigan. Motion to amend City Code 1 -6 -1 to increase the annual salary for Mayor to $8,000 and to increase the annual salary for Council Members to $6,000. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: 0. Motion carried. 9.b. Receive BidsiAward Contract Glendalough 7`" Street Utility Improvements, City Project #401 City Engineer Brotzler stated as a result of condition of plat approval for Glendalough 7 the developer was to provide the City with a 30 foot easement. The easement would be used to make a street connection at 134 Street to Dodd Road at Connemara Trail. As a result of the proposed plat, the connection of Dodd Road and Connemara Trail will be eliminated. Lundgren has not secured that easement; therefore. an easement acquisition agreement has been drafted for the City to assume the responsibility of acquiring the easement should the developer not acquire the easement. It is critical because 1) the Cin will not release the final plat until the easement is is place; and 2) the Cin' will not award the contract for bids until there is a guarantee the easement can be secured. Mr. Brotzler asked for consideration on 1 1 1 the agreement that outlines the Cir;'s role in assuring the easement can be secured in a timely manner to complete the project and through eminent domain if necessary. Council Member Baxter questioned who the easement is coming from. Mr. Brotzler showed the Council where the Raak properties are located. Several developers have had discussions with \4r. Raak about purchasing the property for future development. The City has nothing in writing to say a deal is done. Council Member Baxter further questioned what the City kno' "s about the negotiations and purchasing the easement. fir. Brotzler is not .«ware of the reasons why the negotianons are held up. Daniel Deuth, US Homes Corporation, stated the discussion point is different because Lundgren was not the direct developer involved in the acquisition originally. The property was purchased from CPDC and expenditures would be passed back to CPDC. Mr. Deuth stated Mr. Raak's original request For the easement was about $80,000. Mr. Raak ryas unaware he owned the right -of -way until Lundgren brought it to his attention. Mr. Duth discussed the appraises of the right -of -way and mentioned he heard of a third party signing a purchase ao eement with Mr. Raak Mayor Droste questioned if the easement was the strip of land on the west side of Dodd Road. Mr. Brotzler pointed out to the Council where the road shifts to the west and enters into the property now owned by Lundgren as part of the purchase from CPDC. Dodd Road is off set from the property line of the Raak property. Council Member Shoe Corrigan questioned the portion of the road where the easement is needed. Mr. Brotzler confirmed on the easement exhibit the area that would need to be secured in easement. Only the road area would need to be secured. Mayor Droste asked City Attorney LeFevere to advise the Council. Mr. LeFevere stated that staff thought the agreement should be in place before the bids are awarded for the contract. When the plat was originally approved it was contingent on securing the piece of right -of- way. The subdivision agreement refers to the agreement as a condition of the plat. Staff needed council to have the means to acquire the property by condemnation if not acquired by negotiations. Mr. Brotzler added more background to the Council from when the Glendalough area was developing. There came a point in time that the City felt CPDC had an obligation to extend Connemara Trail out to STH 3 before any development could occur. The road extension did happen in 2002. The property owned by CPDC as part of the Evermoor project was not able to obtain a road easement across the Ostertag property. The City used eminent domain to secure the right -of -way to make the road connection. Council Member Sterner questioned the value of the subject easements versus the easements off of Count; Road 38. Mr. Brotzler responded the per square foot land value may be similar but the agreement before you tonight for consideration is that all costs incurred by the Cite would be the responsibility r f Lundgren. The agreement is to ensure that if the City uses eminent domain the cost would be incurred by Lundgren. Mr. Brotzler added the developer's hest interest is to negotiate an easement acquisition as the cost will only rise. 1 1 1 Motion by Baxter Second by Shoe Corrigan. Motion to approve the Development Agreement and authorize the necess..ry signatures for receiving bids and awarding the contract for Glendalough 7 Street and Utility Improvements, City Project #401. As a point of clarification, Mayor Droste noted there should be two separate motions. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Development Agreement and authorize the necessary signatures. Council Member Shoe Corrigan consented to withdrawing the first motion. Council Member Baxter withdrew the first motion. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Development Agreement between the City of Rosemount and U.S. Home Corporation, Inc. and authorize the necessary signatures. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: 0. Motion carried. Motion by Baxter. Second by Shoe Corrigan. Motion to adopt a Resolution receiving bids and awarding the contract for Glendalough 7 Street and Utility Improvements, City Project #401. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste noted the Utility Commission meeting for June 12, 2006 has been cancelled. Mr. Droste stated the upcoming meetings on the City calendar. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:05 p.m. Second by Siemer. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 14, 2006 Pursuant to due call and notice thereof, a City Council Work Session was held on Wednesday, _June 14, 2f)o6, at 6:33 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter and Shoe Corrigan and DeBetti?nes attending. Staff members present were City' Administrator Verbrugge, City Engineer Brotzler, Community Development Director Lindquist, Assistant City Administrator Weitzel, Communications Coordinator Cox, Parks and Recreation Director Schultz, Administration Intern 1- ludyma end City Clerk Domeier. City Administrator Verbrugge pulled Item 2.d. from the agenda and moved the discussion to the July 12, 2006 work session to allow the public an additional chance to provide input on the renaming of County Road 38. DISCUSSION 2.a. 42/52 Interchange Project Update City Engineer Br'_:tzler provided a recap and status report on the 42/52 interchange project. Mr. Brotzler focused on the current activities. The City, Dakota Count- and MnDOT have identified what the anticipated right -of -way needs are for the project. State starute allows the City to map where future right -of -was areas will be located to ensure the City has opportunities to acquire the right -of -way without additional costs. Should the City Council adopt an official map: it would be recorded with Dakota County then against the property owners so the City and the project would have protection if improvements were made without City approval. Property owners would not receive compensation if permits were not pulled for projects. If a property owner applies for a building permit or a developer has a concept, die official map would define where the future property lines would be located. Most property owners know about the map and the amount of land to be acquired for the project. There is a Right- of Way Acquisition Loan Fund Program (`RALF') administered through the Met Council. Once the official map has been adopted, the City can tap into the BALI funds to acquire the right -of -way and MnDOT would repay the loan. Mr. Brotzler added that staff will continue to work on the map with Dakota County and MnDOT. Council Member DeBettignies questioned the additional right -of -ways near the railroad spurs and if any conversation have taken place with the railroad regarding abandoning the area. Mr. Brotzler responded that the conversation will take place in the future. Further clarification on the map regarding survey notations and calling out the dimensions will he needed to put the official map together. When the trap is ready for final review, the City would facilitate a public review and the Count' and MnDOT staff would conduct the meeting. The next step is to bring the map to Council for adoption and forward it to the COMM for recording. Council Member Sterner had map questions relating to the monuments. Mr. Brotzler stated the monuments are for the survey. Council Member Sterner was concerned with how many structures would be moved due to the remaking of the intersection. Mr. Brotzler estimated six buildings. Community Development Director Lindquist stated a hardship must be found by the program administrator in order to use RALF funds. 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 14, 2006 Mr. Brotzler outlined the final design. Dakota Count- is currently developing an RFP to begin the Final design wort- on the interchange project with federal funds that have been received by Dakota County in the amount of $250,000. A local match of 20`VO would take place and given the City's unique storm water plan and design, WSB and the City would do the work the storm water work, estimated to be $40,000 and the County will cover the full amount of the 20 "0 local match for the federal funding. Council Member Sterner questioned what the interchange does for the City. Mr. Brotzler responded that the interchange is just one component of the project and explained the cloverleaf design. An Ordinance mast he adopted to allow the City to have an official trap. The next step would be to hold a public hearing where all property owners would he given notice to provide public comment. 2.b. 2007 -2011 Dakota County C.I.P. Letter City Engineer Brotzler outlined the City of Rosemount's comments and requests for projects as part of Dakota County's 2007-2011 Capital Improvement Program. Mr. Brotzler stated that Dakota County contacted staff about the CSAH 42 and Chippendale system. Based upon the traffic counts Dakota Count- wants to Install left turn arrows with half of the cost would coming hack to the City. Through further conversation with the count it was nored the City would like to see changes at Shannon Parkway and Diamond Path. The problem at Shannon Parkway is the age of the signal system which would require installation of new mast arms. In addition, there are geometric issues at Shannon Parkway that would need to be fixed to eliminate the off -set in the street centerlines. Council Member DeBettignies noted the ruts are ripping the road apart. Council Member Shoe Corrigan requested a traffic engineer's opinion for the traffic signals at Shannon Parkway. The Council requested the addition of the Shannon Parkway /CSAH 42 intersection to the C.I.P. letter. 2.c. Railroad Crossing Horn Update Cite Engineer Brotzler scared the manufacturer of the wayside train horns has been contacted and WSB sent a memo to the City outlining the train horns in a greater detail. Mr. Brotzler stated the pros and cons in using the wayside train horns. There would still he the component of having to work with the rail line to ensure they do not use their horns. The cost to install horns would be approximately $75,000 per crossing. Mr. Verbrugge stated the crossing at CSAH 42 already meets the standards for the quiet zone. The next step would be going through the formal application process. Mr. Verbrugge added if the City is going to try introducing more residential as part of the downtown redevelopment at 145' Street, consideration should be taken to do a quiet zone in relation to future development and downtown redevelopment. Mr. Brotzler added any crossing with a mile section would have to be a quiet zone as well which would include Bacardi Avenue. Council Member Baxter questioned how railroad management would feel about the quiet zone. Mr. Verbrugge stated the City would need to work with the railroads to make sure the ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 14, 2006 rail users are compliant. Council Member Baxter questioned how many complaints the City has received regarding the crossings at Biscayne or 145 Street. Mr. Brotzler stated comments have been taken from about a dozen individuals in 4 four year time period. UPDATES 3.a. Health Management Program Update Assistant City Administrator Weitzel stated the Insurance and Benefits Committee appreciates the Council support of the program. The Biggest Loser Weight Loss Competition incorporates the four core values adopted by the Cirv. Ms. \'eitzel noted 50 out of 80 employees formed twelve teams participating in the program. The top individual loser had a 9.86 weight loss accomplished by biking and working closely with a nutritionist; the rop ream lost 5.05°4.; and the total employee weight loss in May was 354.5 pounds. Ms. Weitzel outlined the criteria for participating in the random drawing in June. Council and staff discussion ensued regarding the use of three confiscated IPods as random prizes for the end of competition. Mayor Droste stated his concern with the having an item such as an IPod for a prize and the public perception. The tracking of the fund transfer was important to the Council. Mr. Verbrugge stated he will check to see if money received from auctioned items goes into the general fund. Mx. Verbrugge added that Ms. Weitzel and the Committee have done a great job in coordinating the competition and employees participating enjoy the program. Ms. Weitzel stated at the Council meeting on June 20 a resolution will go forth including the language to use objects donated, confiscated or abandoned personal property as prizes for the competition. Council Member Baxter stated it was a creative and wonderful use of the IPods. 3.b. Tax Forfeited Property Community Development Director Lindquist informed Council that the Ciry was notified that the State of Minnesota acquired a parcel of land at the intersection of Cardinal St. W. and Cicerone Path through tax- forfeiture. Ms. Lindquist outlined the practice in making it available to the City and the process of auctioning the property off. Since there is no public use for the property, staff will make a request to auction the property off to the adjacent property owner. 3.c. Annexation CommutUry Development Director Lindquist showed the Council a map of property located primarily in Eagan where 120t is on the south end. A developer wants to do a development off of the unconnected Dodd Road. Staff informed the developer that the City would require upgrading of 12 Street to an urban section up to Hat 3 if the subdivision was approved with urban lots. Staff had also questioned whether the Count would record a subdivision plat chat contained lots in two different local jurisdictions. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 14, 2006 Ms. Lindquist questioned if the Council would consider potentially allowing Eagan to annex that land and 120 or half of 120th. If the road would be upgraded, Rosemount property owners to the south would benefit. Ms. Lindquist confirmed that Eagan would have to upgrade the road and questioned if there was any interest by the Council to allow for the :annexation as part of a larger agreement. Council Member Sterner stated he would he opposed to the annexation because it is open space area. He preferred the area stay green area and undeveloped. Mayor Droste stated having a paved road would be a good thing. Discussion ensued regarding the City limit markers. Mr. Verbrugge stated parcels 1 7 -23, as depicted on the proposed layout, are partially within the Rosemount corporate boundary. Mr. Verbrugge questioned if the Council would like staff to respond that the Ciry will consider annexation if tied to other issues. Mayor Droste stated it depended nn where the City boundary line is located. Ms. Lindquist stated there could be a clean line for urbanization and moving forward if annexation was considered. Council Member Shoe Corrigan would Like something really good from Eagan if they annex lots 17 -23. Council Member Baxter preferred not to build with part of it in Rosemount. If Eagan and Rosemount could come to terms on a variety of issues that are mutually beneficial, he would support Eagan annexing the property. Council Member DeBettignies would like to see what kind of agreement could be reached. Ms. Lindquist reminded Council that this proposal was brought forward by a developer and not the City of Eagan. Ms. Lindquist summarized all comments by stating that the Council would potentially allow the annexation with an upgraded road and an agreement with Eagan that addresses additional issues such as drainage, sewer service, and road access that are of interest to both communities. 3.d. Bloomfield Park Shelter Parks and Recreation Director Schultz gave an update on the Bloomfield Park Shelter project. The Parks Commission finished working on the building design. It had been suggested to build without the sun canopy for cost reasons. Based upon cost estimates, the current building cost would be close to $350,000. Currendy, the fund balance in the park improvement fund is close to $1.7 mullion dollars. The Canopy option will he included as an alternate for the hid package. The Parks Commission is looking for council direction on moving forward with another warming house /shelter building. Mayor Droste was concerned with the utilization of the shelter and the investments involved. He would rather spend the money on the athletic complex. Mayor Droste was curious about Jaycee Park rentals. Air. Schultz responded that evening rentals are fairly slow and weekend rentals happen more often; however, the shelter is used most days with the Parks and Recreation seasonal programs. Council Member Shoe- Corrigan stated she would like to see it built with the fireplace and the canopy. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 14, 2006 Discussion ensued regarding the cost of the facility. Mayor Droste did not want a canopy or to incur that additional cost. Council I1ieniber Sterner questioned if there was completive bidding. Mr. Schul responded that ;t would be publicly bid. t1 notice would be placed in the construction bulletin. Council Member DeBettignies was concerned with the overall design of the shelter. He questioned the building having vaulted ceilings instead of a stand trd roof. Mr. Schulrz stated the gable roof could be an alternate choice and would talk about it further during the final design process. Council Member Shoe Corrigan questioned the policy of building the shelters when the usage rates are minimal. air. Schultz stared the usage depends upon the group and the type of gathering. Council Member Shoe Corrigan asked why the City doesn't consider using the building as a teen center or a senior citizen. Mr. Schultz responded the shelters are not designed or built for those apes of uses. Council Member Shoe Corrigan snared she would rather use the money towards an athletic complex. She suggested reducing rental fees to see if would up the usage. Mayor Droste stated there are demands for other amenities and would the amount of money spent on the park shelter be the best investment. Council Member Shoe Corrigan suggested forming a partnership with RAHA to do the second sheet of ice and provide some money towards a shelter. The Council directed Mr. Schultz to have conversations with RAHA to see if they are interested in going forward together. Council Member Baxter summarized by staring he does not find a problem in the proposed structure costs. Mr. Schultz added there will be ways to lower the costs. A June 26 joint meeting was scheduled with the Parks Commission to discuss the park shelter. Council Member Shoe- Corrigan directed Mr. Schultz to rake the comments to the Parks Commission for discussion at the June 26`' meeting. CALENDARS Mr. Verbrugge questioned if Council preferred to meet on July 5'" or 11 due to the 4 of July holiday. The Council agreed to meet Jul} 11'". The August 1" meeting was switched to August 2 11d due to National Night out festivities. Council Member DeBettignies stated Officer Rosa did a stupendous job with the D.A.R.E. Program and congratulated Officer Rosa on his first successful year. Council Member Baxter followed up by stating he was very impressed with the relationship Officer Rosa had with the students. Council Member Shoe Corrigan stated the landscaping at Rudy's Redeye Grill and the fountain at Rosemount Crossing looked great. Mayor Droste noted Torch Run will be held on June 2P' at 9:00 a.m. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JUNE 14, 2006 Mr. Verbrugge congratulated Ms. Lindquist, Mr. Cox and Ms. Weitzel who won the EDAM marketing award. Communication Coordinator Cox stated he hoped to have the state winning softball team at the first meeting in July. Council Member Shoe Corrigan suggested bringing in the state track star as well. Mayor Droste adjourned the meeting at 9:01 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 20, 2006 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, June 20, 2006, at 7:30 p.m. in the Council Chambers at Cif' Hall, 2875 ]45" Street West. Mayor Droste called the meeting to orde, with Council Members Sterner, Baxter, DeBettignies, and Shoe- Corrigan attending. Staff members present were City Administrator Verhrugge, Community Development Director Lindquist, Finance Director May, City Attorney LeFevere, City Engineer Brotzler, Administration Intern I- iudyma, Recording Secretary Hanson and City Clerk Domeier. The Pledge of Allegiance was led by the Girl Scout Gold Award Winners. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrunare noted the changes to the agenda for the add -ons of Items 6.n. Request for Exemption from Ciry Code 9-7, Construction Operations and Excessive Noise; 6.o. Award Hazardous Material Inspection Assessment Bid; and 6.p Award Demolition Bid. Mr. Verbrug e also suggested switching the order of Items 5.a. and 5.b. under the Department Head Reports. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the additions of Items 6.n. Request for Exemption from City Code 9 -7, Construction Operations and Excessive Noise; 6.o. Award Hazardous Material Inspection /Assessment Bid; and 6.p Award Demolition Bid. Ayes: 5. Nays: 0. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS 5.b. Commendation for Girl Scout Gold Award Winners Mayor Droste summarized the staff report. Three students from Rosemount achieved the Girl Scout Gold Award: Lindsey Jobin; Deborah Massey; and Kelsey \Veisensel. Mayor Droste presented Lindsey, Deborah and Kelsey with certificates for their achievements. The girls provided brief summaries of what they learned and worked on the past year while volunteering in Rosemount. Mayor Droste also acknowledged Scout Leaders Lisa )obin and Ka thy \Weisensel. 5.a. Presentation and Acceptance of 2005 Comprehensive Annual Financial Report (CAFR) Finance Director May introduced Daryl DeKam of the audit firm Virchow Krause Company. Mr. Deliam reviewed the City's 2005 Comprehensive Annual Financial Report "CAFR The purpose of the CAFR is to summarize the City's basic financial statements 1 1 1 and to provide the Council with trend information. Mr. DeKam stated the City is in a good financial position and congratulated the City on a job well done. Mayor Droste questioned the management letter with respect to the significant changes for next year and the amount of resources needed. Mr. DeKam stated there will be many changes with the biggest being the adding of the ssradsrical information in the report. Motion by DeBettignies. Second by Sterner. Motion to adopt a Resolution accepting the 2005 Comprehensive Annual Financial Report. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: 0. Motion carried. CONSENT AGENDA Mayor Droste pulled for Item 6.n. Request for Exemption from City Code 9 -7, Construction Operations and Excessive Noise further discussion. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda, Items 6a. through 6.m., 6.o. and 6.p. a. Minutes of the June 6, 2006 Regular City Council Proceedings b. Bills Listing c. Approval of Revised Meeting Schedule d. Approval of Health Management Program e. Receive Donation Parks Recreation Dept. f. Temporary On -Sale Liquor License g. Temporary On -Sale Liquor License h. 3.2. Malt Liquor Renewals for 2006 -2007 i. Tax- Forfeited Property Intersection of Cardinal St. W. and Cicerone Path j. Flint Hills Resources, LP Interim Use Permit Relocation of an Existing Temporary Vi'arehouse Building, 06- 29 -IUP k. Lift Station L74 (Met Council) Conditional Use Permit and Lift Station L75 (Met Council:. Conditional Use Permit, 06 -31 -CUP and 06 -32 -CUP 1. NPDES Phase II Annual Report m. Receive Bids/Award Contract -Old County Road 38/132n Court \Vest Street and Utilir Improvements, City Project #387 tr. €�,cďż˝ssiyc N4,i e o. Award Hazardous Material Inspection /Assessment Bid p. Award Demolition Bid Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: 0. Motion carried. 1 1 Item 6.n. Request for Exemption from City Code 9 -7, Construction Operations and Excessive Noise Mayor Dro-,te requested background on the project from City Engineer Brorzler. Mr. Brotzler stated the request was from the contractor wor }:Inj on tl:e City's newest Mater tower. At this stage, he paiiiter has started prep work and requested to work extended hours seven days a week. City staff Will be talking to the two closest property owners. 1`lr. Brotzler outlined the noise ordinance standaids and noted the contractor's intention was to work the longer hours to pet Form clean up work. Mr. Brotzler summarized the conditions for the exemption. Mayor Droste questioned if the noise would be from compressors only and Mr. Brotzler answered that was correct. Mayor Droste requested the information be posted on the City's website to communicate with residents the work taking place. Motion by Droste. Second by Sterner. Motion to Approve Request by CB &I for Exemption from City Code 9 -7, Construction Operations and Excessive Noise with the Condition that the City Approval may Revoked at the Discretion of City Staff at any time upon Receipt of Complaints of Excessive Noise. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. PUBLIC HEARINGS 7.a. Public Hearing for Easement Vacation- Endres Ciry Engineer Brotzler stated to coordinate the public hearing for the vacation of drainage and utility easements with the Preliminary Plat approval, and approval of a PUD Agreement, the public hearing should be continued so all aspects can be pkesented to Council for consideration at the same time. Mr. Brotzler requested a continuance of the item to July 11, 2006. Mayor Droste opened the Public Hearing opened at 7:56 p.m. Motion by DeBettignies. Second by Shoe Corrigan. Motion to Continue Public Hearing on Vacation of Drainage and Utility Easements on the Endres Property to lulu 11, 2006. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: 0. Motion carried. 7.b. Right of Way Vacation -Dodd Boulevard City Engineer Brotzler stated as part of the Evermoor's Glendalough development, a portion of Dodd Boulevard right -of -way that extends to the west of the Evermoor Glendalough east tract line will need to be vacated. Mr. Brotzler depicted on a map Dodd Boulevard will be reconfigured to end in a cul -de -sac which would remove the direct connection from Connemara Trail. Mr. Brotzler explained that prior to the meeting, staff contacted Arthur Gustafson. Mr. Gustafson's property' has driveway access from Dodd Boulevard and will continue to access Dodd Boulevard north of Dodd Boulevard. Mr. Brotzler stated one option is to build a cul- de -sac north of Mx. Gustafson's driveway. The other option is to des.gn a cul -de -sac to be built near Mr. Gustafson's existing driveway at the northwest corner of his driveway. Council Member Ste: e'er questioned if Mr. Gustafson would be assessed fees. Mr. Brotzler responded that neither Mr. Gustafson ror any other property owners will be assessed any costs with the project. Council Member Shoe Corrigan questioned the process of acquiring easements. Mr. Brotzler stated it depends upon the situation. In the insrance the City has adequate right -of- way to the north. The best interest of the property- is to provide an easement to minimize any inconveniences. Council Member Shoe Corrigan further questioned when the City purchased the easement for Dodd Road. Mr. Brotzler replied the easement was there by prescriptive rights. Mayor Droste opened the Public Hearing at 8:04 p.m. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5. Nays: 0. Motion carried. Public Hearing closed at 8:04 p.m. Motion by Sterner. Second by DeBettignies. Motion to Adopt a Resolution Vacating the Right -of -Way on Dodd Boulevard. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste, Sterner Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste stated the Council would be moving into executive closed session to conduct the City Administrator's performance evaluation and would not reconvene in open session. Mayor Droste announced the upcoming City schedule: June :26` Joint Parks Commission and City Council Meeting; June 27 Regular Planning Commission Meeting; June 28 CR 38 informational meeting; July 10t Utility Commission Meeting; and July 11t City Council Meeting. Motion by Droste. Second by Shoe Corrigan. Motion to move to Executive Session for the purpose of discussing the City Administrator's Performance Evaluation. 1 1 Ayes: 5 Nays: 0. Motion carried. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:07 p.m. The meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 11, 2006 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, July 11, 2006, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145t 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, Community Development Director Lindquist, City Attorney LeFevere, City Engineer Brotzler, Parks and Recreation Director Schultz, Senior Planner Zweber, Police Chief Kalstabakken, Administration Intern Hudyma and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Adnurustrator Verbrugge noted the changes to the agenda including the addition of Department Head Report Item 5.b. Introduction of Eric Zweber, Senior Planner and additional information for Item 7.a. Public Hearing for Easement Vacation- Endres. Mr. Verbrugge pulled Item 6.1. from the Consent Agenda and moved it to the August 9 work session. He also pulled Item 6.m. from the Consent Agenda to the July 12t work session for additional discussion. Item 9.a. will he pulled and moved to the August 15 meeting. For Item 7.a., Mr. Verbrugge requested the public hearing be opened and closed and to table the action to the August 15 meeting. Motion by Sterner. Second by Shoe Corrigan. Motion to adopt the Agenda with modification of Item 5.B. added, amendment to 7.a. and removal of Items 6.1, 6.m., and 9.a. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Myron Napper, 3381 145t St. E., Rosemount requested additional information regarding the potential amendment to the Shafer mining permit. Mr. Napper shared his concerns with the potential of contaminated items being brought into the Shafer pit. He further added that with the tie at SKB and a fire he heard about at Spectro Alloys that City Hall needs to survey the problems and deal with the entities on the east side of Rosemount. Community Development Director Lindquist stated the Shafer mining permit modification is scheduled for the July 18 meeting. She clarified that the haul back proposal is to take clean fill from MnDOT sites to in -fill where Shafer requested to do the additional mining. Mayor Droste stated staff would respond to the concerns on July 18th. 1 1 1 DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Special Event Update Leprechaun Days Parks and Recreation Director Schultz stated the 2006 Leprechaun Days event will take place July 21 -30, 2006. Mr. Schultz added the planning committee is dedicated and has done a great job including residents and businesses in the celebration. Mr. Schultz introduced Doreen Perkins and Tadd Johnson to the Council. Doreen Perkins thanked the Council for allowing the committee to speak at the meeting and stated the event will be better than last year. Tadd Johnson stated the new events scheduled for the celebration. He added the event listings will be in Local newspapers and additional 'information is available at wwvw.rosemountbank.com. Mr. Johnson thanked staff and the Council for their support in running the celebration and encourage everyone to volunteer for the event. Council Member DeBettignies thanked the committee and volunteers for their hard work. On behalf of the City Council Mayor Droste also thanked the Committee for organizing the event. 5.b. Introduction of Eric Zweber, Senior Planner Community Development Director Lindquist introduced Eric Zweber, the new Senior Planner for the Community Development Deparmnent. Mr. Zweber will be the primary contact for the planning functions and the 2008 comp plan update. Senior Planner Zweber provided the Council background on his work history. He added that staff has been friendly and helpful in his new position. Mayor Droste welcomed Mr. Zweber to Rosemount staff. CONSENT AGENDA Mayor Droste noted Items 6.1. and 6.m. were pulled. Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda, Items Ga. through 6.q. with the exception of 6.1. and 6.m. a. Minutes of the April 18, 2006 City Council Work Session Proceedings b. Minutes of the June 14, 2006 City Council Work Session Proceedings c. Minutes of the June 20, 2006 Regular City Council Proceedings d. Bills Listing e. Budget Amendments (Resolution 2006 -89) f. On -Sale License on Public Premise g. Temporary 3.2% Malt Liquor License h. Expenditure Approval from the Donation Account Parks Recreation Dept. i. Receipt of Donation and Expenditure Approval Police Equipment Fund j. Traffic Safety Grant Resolution (Resolution 2006 -85) k. Brockway Park Professional Services m. Am end.ncnt to the 2006 Tee and Fee a °hey Parka Dedication n. Payment #9 Final Well -House #12, City Project #354 o. Amend Connections to Water and Sanitary Sewer Systems (Ordinance No. XI.27) p. Approve Revised Employment Agreement with City Administrator q. Authorization for Temporary Street Closings Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: 0. Motion carried. PUBLIC HEARINGS 7.a. Public Hearing for Easement Vacation- Endres Community Development Director Lindquist stated the intent to time the approvals for Endres concurrently. Once testimony has been taken and the public hearing is closed, the item should be tabled for action at the August 15i meeting. The Preliminary Plat, PUD Concept Plan and Final Plat will also be scheduled for the August 15t meeting. Ms. Lindquist explained the vacation of existing drainage and utility easements. Endres is proposing to replat the property and as part of the new plat, will be providing new easements for the new development scenario. However, since there are not users for the new lots, we do need to obtain the same easements that are being vacated as temporary easements until development occurs. Mayor Droste invited the applicant to come forward. The applicant had no comment. Mayor Droste opened the Public Hearing at 8:02 p.m. Myron Napper, 3381 145 St. E., Rosemount stated he did not understand the plans for Endres. Ms. Lindquist stated Endres was proposing to plat two additional lots that will be vacant but in the future two new businesses could be located on the parcels. She further added that Endres did not have any proposed businesses locating on the parcels at this time Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5. Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. Motion to table to the August 15th City Council meeting for council discussion on the resolution vacating the drainage and utility easements on the Endres property. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste stated a closed session was held on June 20 to conduct the City Administrator's performance evaluation. He added that Mr. Verbrugge exceeded Council's expectations. Mayor Droste reviewed the Council Calendar and stated the upcoming meetings in July. 1 ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:08 p.m. Second by Sterner. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION JULY 12, 2006 Pursuant to due call and notice thereof, a City Council Work Session was duly held on Wednesday, July 12, 2006, at 6:35 p.m. in the Council Chambers at City Hall, 2875 145 Street \Vesst. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBertignies, and Shoe Corrigan attending. Staff members present were Ciry Administrator Verbrugge, Assistant City Administrator Weitzel, Finance Director May, Cin. Engineer Brotzler, Parks and Recreation Director Schultz, Administration Intern Hudyma, Communications Director Cox, and Recording Secretary Hanson. Staff members Finance Director May and Parks and Recreation Director Schultz arrived at later times. Also present was Attorney Bob Vose of Kennedy and Graven. UPDATES WATER SHORTAGE. City Engineer Brotzler discussed the possible water shortage, the current levels of water in the towers and a plan for future water bans. Mayor Droste questioned working with Apple Valley and if other cities enforce watering bans. A discussion was held regarding the public view if Rosemount is the only city with a water ban. Council Member DeBettignies asked why Rosemount is different than other cities. Mr. Brotzler offered possible reasons. Mayor Droste suggested the City ughten the policies and restrictions for watering. Mr. Verbrugge pointed out that the current Ordinance does not include an emergency water ban. Discussion took place on procedures if there is an emergency. The City Council directed staff to post a message on the wehsite asking citizens to voluntarily limit watering. DISCUSSION 2.A. Settlement Agreement with Charter Communications. Assistant City Administrator Weitzel summarized the Franchise Fee Review Audit conducted in 2005. Apple Valley, Farmington and Rosemount are currently considering a settlement agreement and mutual release with Charter Communications. Lakeville recently concluded negotiations with Charter and the settlement agreement is structured on the negotiations. Attorney Vose discussed the settlement agreement. Council Member DeBettignies inquired about the late fees. Discussion took place on the next step. Mayor Droste asked if everybody agreed with the settlement. Attorney Vose stated the settlement agreement is in good order, unsure of how the settlement number was arrived at. Further discussion took place on why the settlement number is only $1,250. Discussion took place on whether or not to even pursue a settlement or leave the issue open for now. Council agreed to wait and pursue this matter at a later time. 1 2.B. Renaming County Road 38. City Administrator Verbrugge summarized the issue. The "McMenomy" name was discussed and then eliminated. Discussion took place on whether or not the streets should have a number and a name and /or more than one name. Bonaire Path was considered. Mayor Droste mentioned that historical significance in a name is difficult to single out; it should maybe be based on an accomplishment or donation in the area. Council Member Sterner suggested "Keegan" based on surrounding characteristics of the road, and "McMenomy" could possibly be used in future areas which would be more appropriate. Mr. Verbrugge stated that Bonaire Path should be used to avoid conflict in choose one name over another. It was agreed that Bonaire Path should be used for now and an historical name could be researched at a later date. Council Member Shoe Corrigan stated that a consensus on "Keegan" was reached but now it's turned down; this issue should never have come to the table again after NIcNIenomy" was first discussed at a previous meeting and then "McMenomy" was not agreed to. Amendment to the 2006 Fee and Fees Policy Parks Dedication. This item was pulled from the agenda of the City Council meeting on Tuesday, July 11, 2006. Nlavor Droste discussed the decline in the housing market and the rise in commercial building. Parks and Recreation Director Schultz discussed park dedication and the methods and expenses of other cities, mostly compared with Apple Valley. City Administrator Verbrugge discussed the importance of keeping up with the current fair market value. Mr. Schultz stated that Farmington bases their fees on appraisals. Further discussion took place on how fees should be determined and what prices of land should be raised to depending on what type of land it is. There was a general consensus to place the number at $85,000 $90,000 or about a 12 -15% increase. The Council agreed to charge $85,000 per acre for residential parks dedication. Mr. Schultz also mentioned that John McMenomy has offered McMenomy Woods for sale. 2.C. 2007 Budget. City Admutistrarox Verbrugge summarized the issue of compiling the preliminary budget for all City operations in 2007. Finance Director May discussed enterprise funds, sources and uses and taxes. Mr. Verbrugge discussed the decline in revenues and the levy subsidies for the ice arena. Discussion took place on the history of the ice arena and its current status. Mr. Verbrugge further discussed levies. Discussion took place on personal services and positive expectations. Assistant City Administrator Weitzel discussed health insurance plans and the experience ratings. Mr. Verbrugge discussed the future timeline, issues to discuss at future meetings and when a preliminary and final levy should be presented. Additional discussion took place on current City debt numbers and how that affects the residents. Council Member Shoe Corrigan inquired about the equipment costs, special program costs, and public works. Mr. Verbrugge and Mr. May summarized what those categories consisted of CIP discussion is scheduled for October. Decision was made to move Departmental review up in the schedule (Instead of October). Mayor Droste suggested challenging employees \council members to become more efficient. Council Member DeBettignies inquired on the police budget and Mr. Verbrugge clarified how it is set up. Council Member Sterner asked about reserves and whether they'll go up or down. Mr. Verbrugge and Mr. May confirmed that they will go down and gave a further explanation. Council Member Sterner stated that we should base our city comparisons on cities more comparable in population size and area and made additional comments on the police budget with respect to how many officers are assigned per resident and whether or not that could be addressed. Mr. Verbrugge further detailed the proposed police budget and what it consists of. Council members should review calendars if there are any conflicts with future budget meetings. ADDITIONAL UPDATES. Next City Council meeting is on July 18t Park dedication should be put back on the City Council agenda. The Softball team has a presentation, also presenting EDAM award, and announcing National Night Out. Council Member I3axter addressed issue of the efficiency of member using laptops for meeting information. How could the process become more efficient? Discussion took place of putting packets online or on a server. Mayor Droste addressed the issue of what to do with the packets legally. What is public record and the risk of not having paper packets? Boy Scouts were mentioned for the parade and that candy and pens have been ordered. Discussion took place regarding the Comprehensive Guide Plan 2008 deadline and the procedures. Mayor Droste adjourned the meeting at 9:35 p.m. Respectfully submitted, Kathie Hanson, 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, jury 18, 2006, 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 Sterner, Baxter, DeBettignies, and Shoe- Corrigan attending. Staff members present were City Administrator Verbrugge, Community Development Director Lindquist, Parks and Recreation Director Schultz, City Engineer Brotzler, Police Chief Kalstahakken, Police Officer Rosa, City Attorney LeFevere, Administration Intern Hudyma and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated the add -on to Consent Agenda Item 6.f. Dakota County Library Site Plan: Platting Consultant, Case 06- 42 -SP. The Council also received additional information for the Response to Public Comtnent in regards to Myron Napper's concerns raised at the July. 11'" meeting. Mr. Verbrugge also suggested moving Item 5 Department Heads Reports /Business before Item 3 Public Comment. Motion by Droste. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 2006 Motion to adopt the Agenda with addition of Item 6.E and additional information for Item 4 and moving Items 3 and 4 after Item 5. Ayes: 5. Nays: 0. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Commendation for state softball champions Mayor Droste stated last month the Rosemount High School softball team completed a dream season by winning the Class AAA state championship. The City Council commended the girls of the softball team and several members of the Rosemount High School athletic department with certificates acknowledging their excellence representing Rosemount in competition. 5.b. Award for City Economic Development Marketing Campaign Rebecca Kurtz, president of The Economic Development Association of Minnesota (EDAM) was in attendance to present one of its annual awards for accomplishment by local governments and other groups to the City of Rosemount. In June, the annual EDAM summer conference was held and the competition judges presented the City of Rosemount an award for Minnesota's best economic development marketing campaign. She added the judges were very impressed and pleased with the marketing campaign. 1. 1 1 City Administrator Verbrugge thanked Ms. Kurtz for attending the meeting and also recognized the City Council for providing direction on the process and reviewing strategic project initiatives. Mr. Verbrugge gave credit to Port Authority for directing the Economic Development initiative. He further recognized Communications Coordinator Cox, Assistant City Administrator Weitzel and Community Development Director Lindquist for their efforts in the successful marketing campaign. 5.c. National Night Out Update Officer Chad Rosa is coordinating this year's events and presented the Council an update of the activities planned. National Night Out will be on Thursday, August 1, 2006 between 6:30 p.m. and 9:00 p.m. Officer Rosa stated 27 neighborhoods participated last year and 23 neighborhoods have registered so far this year He added that four churches and Dunn Bros. Coffee are also participating this year. Officer Rosa also noted the Third Citizens Police Academy will take place on Thursdays from September 14 through October 26 The academy offers an opportunity for citizens to learn more about the police department. Mayor Droste stated for more information about National Night Out residents should contact Officer Rosa at 651 -423 -4491. He added his appreciation for Officer Rosa's hard work in coordinating the event. RESPONSE TO PUBLIC COMMENT 4. Response to Public Comment; Shafer Mining Permit Request City Administrator Verbrugge stated that at the July 11, 2006 City Council meeting, Myron Napper, 3381 145t St. E., Rosemount, expressed concern on the Shafer mining permit. He stated Community Development Director Lindquist would provide a response to the concerns as part of Item 9.a. Mr. Napper also presented concerns at the July 11t meeting about a fire at SKB landfill facility on the east side of Rosemount. Mr. Napper had requested assurance there was no damage to the facility, particularly the liner, as a result of the fire. bar. Verbrugge noted that Fire Marshal Lundy examined the fire site; however, Mr. Lundy's report is not complete. Upon completion of the report, it will be forwarded to the City Council. Mr. Verbrugge shared that Nir. Lundy's investigation determined, with assistance of SKB staff, was able to able to identify the generator of the material that ignited the fie and SIiB has taken administrative action to prevent the generator from contributing into the landfill in the future. SKB asked the company that provided the liner for the particular cell to prepare an analysis of the liner investigation. The report determined it was a surface fire that didn't compromise the liner. Mr. Verbrugge added representatives from SKB were in attendance if Council had further questions. Myron Napper, 3381 145 St. E., Rosemount, stated SKB does an excellent job at its operation. CONSENT AGENDA Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda, Items 6a. through 6.f. a. Bills Listing 2. b. Amendment to Leprechaun Days Service Agreement c. Amendment to the 2006 Fee and Fees Policy Parks Dedication (Resolution 2006 -86) d. Administrative Plat, Greif Paper Packaging, 2750 145t St., Colliers Turley Martin Tucker, 06 -38 -ADM PLAT (Resolution 2006 -87) e. Old County Road 38 Comprehensive Plan Amendment to Expand the MUSA and Reguide Certain Properties and Rezone Certain Properties, 06 -35 -CP and 06 -41 -ZA (Resolution 2006 -88 and Ordinance B -177) f. Dakota County Library Site Plan: Platting Consultant, Case 06 -42 -SP Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: 0. Motion carried. NEW BUSINESS 9.a. Shafer Contracting Mineral Extraction Permit Change Request, 06 -40 -ME Community Development Director Lindquist reviewed the staff report. Scott Spisak of Shafer Contracting applied for a change to the 2006 Mineral Extraction Permit for property located one mile north of 135t Street East and one-quarter pule west of Rich Valley Boulevard (County Road 71). The proposed change would allow for deeper mining and replacement of extracted material with clean haul -back material from MnDOT projects. Ms. Lindquist stated that staff has proposed modifications to the mineral extraction permit that allow for haul -back provisions and requires the applicant to adjust the reclamation plan to make it more topographically consistent with the surrounding existing conditions. Ms. Lindquist added that Shafer representatives are present to provide additional information on the clean fill materials and the additional testing materials /reports are included in the packet. She stated that Shafer would hire and pay the testing bills and the information would be turned into the City on a quarterly basis. City Engineer Brotzler stated the first concern was the type of fill being brought in and the assurance that the City has certainty that the materials being hauled back were acceptable. After discussions with Shafer and its representatives, a condition was made that the only material allowed for haul -hack be from MnDOT projects. He added that from a testing standpoint, American Engineering Testing, Shafer Contracting's soil firm, will certify that the soil meets the parameters outlined in the conditions. Mr. Brotzler stated the City has the ability to crosscheck with MnDOT what is being hauled into the mining area if there is any concern. Ms. Lindquist stated there are environmental reviews that occur as part of the MnDOT projects so there are several checkpoints throughout this process. She echoed Mr. Brotzler's statements with the initial concerns being about the haul back and impact on the site and surrounding area. The types of issues regarding impacts on surrounding areas are mitigated by the proposal before the Council. She emphasized it was an annual permit and there will be an opportunity on a regular basis to modify the permit and recommended approval conditioned on the changes to the permit. 3. Council Member Shoe Corrigan requested an explanation of incidental concrete recycling. Scott Spisak, of Shafer Contracting stated that as part of their original permit they run a concrete /asphalt recycling operation at the site. He added the materials are not used as fill. Council Member Shoe Corrigan questioned how Shafer representatives addressed Mr. Keohnen's concerns about the pond location. Mr. Spisak stated Mr. Keolmen wanted the pond moved due to concerns that water may percolate through the stormwater pond and affect his well. Mr. Spisak stated there is a possibility of moving the pond to the west and that they will be reviewing options when the reclamation plan is submitted to the City this fall. Myron Napper, 3381 145 St. E., Rosemount, stated his opposition to the project and suggested Shafer put a liner in the pond to address potential impacts from infiltration.. He added his concerns related to the fill being brought into the ruining area as part of the haul back and requested more protection for the water table. Mr. Brotzler stated that Phase I and II Environmental Site Assessments are conducted on MnDOT projects to identify hazardous contaminants that may be in the project area. He added if contaminated soils are located on sites, mechanisms are available at different levels to deal with the problems. Council Member DeBettignies questioned if the City would have the right to prohibit any further extraction of material and terminate operations as necessary. Ms. Lindquist responded he was correct; Shafer needs to comply with all permit conditions or risk termination of the permit. Motion by Barter. Second by Mark. Motion to approve Amended 2006 Mineral Extraction Permit for Shafer Contracting subject to the conditions of the Mineral Extraction Pemut 2006 Conditions for Mineral Extraction Permit Renewal. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming meeting schedule for August and noted the first regular City Council meeting would be held on August 2, 2006. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:28 p.m. Second by Sterner. Upon unanimous decision, the meeting was adjourned. 4. Respectfully submitted, 5. Amy Domeier, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 2, 2006 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 Wednesday, August 2, 2006, at 30 p.m. in the Council Chambers at City Hall, 2875 145`" Street \Vest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, and Shoe Corrigan attending. Council Member Sterner was absent. Staff members present were City Administrator Verbrugge, Assistant City Adtnutistnttor Weitzel, City Engineer Brotzler, Police Chief Kalstabakken, Administration Intern Hudyma and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge noted the addition of a Public Comment for a Leprechaun Days Committee update and Consent Agenda Item 6.p. Award Abatement Bid. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with addition Item 6.p. and Public Comment. Ayes: 4. Nays: 0. Motion carried. PUBLIC COMMENT Maureen Geraghty Bouchard on behalf of the Leprechaun Days Committee thanked City Council supporting all of the events. She thanked the Police Departnent and Public Works employees for their hard work. She added the Parks and Recreation Department did a fantastic job with the paper work, the parks and the parade. And lastly, Ms. Geraghty Bouchard thanked the volunteers and the residents who attended the event. Mayor Droste stated the Committee's work during the celebration was greatly appreciated by the City Council. Council Member Baxter added the City looked spectacular for the event and thanked the Public Works and Police Departments. Council Member DeBettignies conveyed thanks to the Committee, volunteers and business involved. He also thanked the Apple Valley Fire Department for attending the event and for assisting an individual during the parade. Mayor Droste stated he looked forward to another great event and if residents are interesting in volunteering they should contact the Parks and Recreation Department. CONSENT AGENDA Mayor Droste pulled Items 6.n. and 6.p. from the Consent Agenda. 1. 1 1 Motion by DeBettiguies. Second by Baxter. Motion to approve the Consent Agenda, Items 6a. through 6.m and Item 6.o. a. Minutes of the July 11, 2006 Regular City Council Proceedings b. Minutes of the July 12, 2006 City Council Work Session Proceedings c. Minutes of the July 18, 2006 Regular City Council Proceedings d. Bills Listing e. Authorize Staff to Begin the Recruimnent Process for a Police Officer f. Teamsters Labor Agreement 2006 -2007 g. Temporary 3.2% Malt Liquor License h. Expenditure Approval from the Donation Account Parks Recreation Dept. i. Meadows of Bloomfield Minor PUD Amendment, 06 44 AMD j. Change Order #1 and Final Payment Trunk Highway 3- Connemara Trail to County Road 38 Improvements, City Project #385 k. Change Order #1 Evermoor Glendalough 5' Addition, City Project #389 1. Payment #9 Final Glendalough 4 Addition Street and Utility Improvements, City Project #386 m. Change Order #2 GlenRose of Rosemount Street and Utility Improvements, City Project #397 n. Auth rizc Prclimin ry Design Sham]. n Parhw..y /CSAI I 12 I..tcracction, ENG 8146 o. Benefit Adjustment P. Award Abatement Bid Ayes: DeBettignies, Shoe Corrigan, Droste, Baxter. Nays: 0. Absent: Sterner. Motion carried. 6.n. Authorize Preliminary Design- Shannon Parkway /CSAH 42 Intersection, ENG 0116 Mayor Droste pulled Item 6.n. due to calls generated concerning the perceived danger of turning left and right at the intersection. City Engineer Brotzler provided background on the project and noted the addition of left turn arrows to the signal system would require the installation of new mast arms. Mr. Brotzler stated the preliminary design developed for the intersection would address the geometric issues. Mayor Droste questioned if during We process the City would receive cost estimates on the project. Mr. Brotzler stated the upfront costs of the work will be bore by the City and before proceeding with any project the City would enter into a John Powers Agreement with Dakota County. Council Member DeBettignies stated in the long -term the City should review the grading at the intersection. He added the left turn stacking distance causes a hazard. Mr. Brotzler stated that the City checked into the cross section of the road where the double hump is located. The County did contact the City and has developed a temporary solution to soften the intersection but based upon the cost will hold off until action on this item goes forward. The preliminary design would contribute to a larger project instead. Mr. Brotzler added a challenge with fixing the intersection is dealing with drainage issues. 2. 1 1 Motion by Droste. Second by Shoe Corrigan. Motion to Adopt a Resolution Authorizing a Preliminary Design and Order a Feasibility Report for Shannon Parkway /CSAH 42 Intersection, ENG 0116. Ayes: Shoe Corrigan, Droste, Baxter DeBettignies. Nays: 0. Absent: Sterner. Motion carried. (Resolution 2006 -90) 6.p. Award Abatement Bid Mayor Droste requested additional information regarding the types of items included in the abatement bid. City Admiustrator Verbrugge stated with older structures the biggest issues with abatement is asbestos. Mr. Verbrugge added that vermiculite is located in the attic of the house at 2503 143' Street West and must be removed prior to demolition. Motion by Droste. Second by Shoe- Corrigan. Motion to Approve the Resolution awarding the abatement contract to Robinson Environmental for not more than $8,000.00. Ayes: Droste, Baxter, DeBettignies, Shoe Corrigan. Nays: 0. Absent: Sterner. Motion carried. (Resolution 2006 -91) ANNOUNCEMENTS City Adtnimstratot Verbrugge thanked Ms. Bouchard and City Council for the kind words about City staff. He added the Public \X'orks employees take pride their job maintaining the parks and streets. He also thanked City staff for their hard work and noted staff enjoys helping out with the event. Mr. Verbrugge thanked public for the many compliments received regarding the installation of new sidewalks and trails. Council Member Baxter stated he enjoyed taking part in the National Night Out event with the City Council. He thanked the citizens who assembled and hosted block parties for their neighborhoods and Officer Rosa for coordinating the event Mayor Droste reviewed the upcoming meeting schedule for August and noted the next regular City Council meeting would be held on August 15, 2006. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 7:53 p.m. Second by Baxter. Upon unanimous decision, the meeting was adjourned. 3. Respectfully submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 9, 2006 CALL TO ORDER Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Wednesday, August 9, 2006, at 6:34 p.m. in the Council Chambers at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator \'erbrugge, Assistant City Administrator Weitzel, City Engineer Brotzler, Community Development Director Lindquist, Communications Coordinator Cox, Administration Intern Hudyma and City Clerk Domeier. Parks and Recreation Director Schultz, Police Chief Kalstabakken, Operations Superintendent Cook, Finance Director May and Fire Chief Aker entered the meeting at a later time. DISCUSSION 2.A. Industrial Districts Zoning Text Amendment for the GI- General Industrial and HI -Heavy Industrial District Community Development Director Lindquist brought the item forward to the City Council to ensure the members were comfortable with the amendment as it moves through the Planning Commission and Council review process. Ms. Lindquist noted several business owners have submitted comments during the planning process related to the text amendment. The creation of the Heavy Industrial district was intended to be a fall -back for properties that would no longer fit under the General Industrial zoning standards. She noted the primary issues to consider with the Heavy Industrial district is uses pennitted include buildings or equipment and equipment also becomes a principal use on the site. Ms. Lundquist stated the second part of the public hearing on the text amendment will be held on August 22, 2006. Ms. Lindquist outlined the five main issues: inclusion of three businesses in the heavy industrial district; setback standards; height standards; map changes; and definition of a recycling operation. Ivls. Lindquist also explained the process in bringing the rezoning and comprehensive plan amendments that would require Met Council approval. Mayor Droste expressed concern with the height of the stacks and the possibility of having different requirements on the east side of Highway 52 for properties along the bluff area, near the Mississippi River. Ms. Lindquist stated the much of the area along the bluff is zoned general industrial and the height restriction is 75 feet. Council Member Sterner questioned the setbacks for outdoor storage and how the setback may limit current business owners. Ms. Lindquist stated the intent of staff and Planning Commission was to limit the outdoor storage because under the current ordinance there were very loose standards. Discussion ensued regarding accessory structure setbacks and required screening. Council Member DeBettignies reviewed the standards asking for clarification. Ms. Lundquist stated the primary object is to screen the outside storage from the public right -of -way. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 9, 2006 Council Member Sterner stated his concerns with the text amendment and the affect on current businesses. Ms. Luidquist recognized that there will be components of businesses that will be nonconforming; however, currently there are nonconforming businesses under the current standards. The intent of the ordinance amendments is to upgrade standards so that future development will be different than the some of the existing Ms. Lindquist stated the item is tentatively scheduled to go to the City Council on September 26` The City Council suggested bringing the item back at the September work session to address Council Member Sterner's concerns and staff would also provide information on the amount of undeveloped land in the general industrial district. City Council was directed to bring any additional issues to Ms. Lindquist prior to the August 22, 2006 Planning Commission meeting. Scott Doman, Plant Manager, CF Industries, Inc., 5300 Pine Bend Trail, Rosemount, stated CF Industries may possibly build a warehouse but with the split in zoning districts on their property feels growth may be limited. 2.B. St. Joseph Church Task Force Process Community Development Director Lundquist stated in order to fully utilize the citizen's task force; staff is requesting additional direction for the reuse of the property at the St. Joseph campus. Ms. Lundquist stated the variety of issues as outlined in the staff report. Director of Parks and Recreation Schultz stated the goal is not only to develop an end use but to consider plans for short term, mid -term and a long range plans. A decision should be made for the uses of the current facilities at the St. Joseph campus. The consensus of the City Council was for the church to stay and most likely remain in public ownership. Discussion ensued regarding the uses and having a gateway project that would include a fountain. Council Member Shoe Corrigan suggested a possible mixed use for the site and looking into the housing at Cameo to incorporate it into a larger site. Discussion continued regarding the designation of the church as a historic building. City Administrator Verbrugge stated the City would need to apply for historic status. Ms. Lindquist noted there may be additional requirements after a building is designated historic. Council Member Shoe Corrigan stated several options for the building and the types of businesses that could operate out of the church. Mayor Droste stated the City should consider meeting the amenities needs of the City by offering a teen center, senior center or art center. The City Council continued to discuss the uses of the site and the potential uses of surrounding property including the blue house property to the north and the properties east of Cameo Avenue. The City Council questioned if retail uses or residential uses would work in the area. Council Member Shoe- Corrigan suggested having representatives from the neighborhoods on the task force. Ms. Lindquist stated the composition of the task force is envisioned to include homeowners in the area, chamber or historical society representatives, City commissioners as well as a citizens chosen formal application process. 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 9, 2006 Mr. Verbrugge stated the item will before City Council again at the September work session. 2.C. 2007 Budget City Administrator Verbrugge distributed an updated levy work sheet. Mr. Verbrugge stated the City received word from the County that the 2007 Fiscal Disparities distribution is up from 2006's $100,000. City Administrator Verbrugge summarized the staff report by outlining the proposed changes. Council Budget: Assistant City Administrator Weitzel stated the new initiatives include the increase to bimonthly newsletters. Communications Coordinator Cox stated the two types of newsletters distributed by the City. He added the cost factors include design, printing and postage. Mr. Verbrugge noted the change to the Council budget also include the increase of community sun•ev and decrease in community forum. He stated community survey increase is in conjunction with the possibility of surveying residents for the athletic complex. Administration: Ms. Weitzel noted several new initiatives were incorporated including the bulk system, cable casting, and posting video of public meetings on the website. Couununications Coordinator Cox noted the bulk email would he provided by an outside firm and includes distribution of meeting agendas and public updates. Mr. Cox noted the trend of streaming video of public meetings on the website. He encouraged council members to view neighboring city's websites. A new initiative also included the increase in the amount of public meetings shown on TV. Mr. Cox noted the staffing issues for the cable coordinator. Ms. Weitzel added the need to hire an administrative assistant in the Administration Department to assist with human resource duties and providing secretarial assistance to the City Administrator and Assistant City Administrator. She noted the decreases in the Administration budget including employee training, HIPP initiatives, labor consultants, and communications special programs. Ms. Weitzel added the elections budget includes sufficient money should a referendum question be present in 2007. Council Member Shoe Corrigan questioned if video streaming of public meetings would be cost effective. Mr. Cox stated the City would need to promote meetings available on line. Mr. Verbrugge suggested placing the item on a watchdog status depending upon the decisions of the cable commission in moving forward. Community Development: Community Development Director Lindquist summarized the 2007 budget for the Community Development Department. bls. Lindquist noted a revenue enhancement is the potential rental inspection program. She also noted the Code Compliance Specialist would take over the weeds inspection program and planning staff would be working on the 2008 Comprehensive Plan update. Ms. Lindquist provided a brief overview of the revenue forecasting and the difficulty in projecting revenues due to the decrease in residential permits. Ms. Lindquist also stated the department goals for 2007. Council Member Sterner questioned the rental inspection program. Ms. Lindquist stated the Code Compliance Specialist and Building Inspectors would work together enforcing the ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 9, 2006 program. Ms. Lindquist added the program would address the types of complaints renters have about their landlords. Finance Department: Finance Director May provided the budget summary for the Finance Department. Mr. May provided a brief overview of the insurance budget. He added that the general government budget includes changes to the auditing line item. Fire Department: Fire Chief Aker stated the new fire station will be operating in a couple of months. Mr. Aker stated the fire personnel will be split between the fire stations. He further added that by bringing more training sessions to the fire station the amount spent on sending personnel out for training has decreased. Parks and Recreation: Director of Parks and Recreation Schultz highlighted the Parks and Recreation budget. He reviewed the increased cost in online registration and noted the cost could be cut dramatically due to the methods of storing data and the software required. The City Council suggested the Parks Department partner with RAHA to with online registration systems. Mr. Schultz stated the Parks Department drives the timeline of the City newsletters. He suggested sending the newsletter only three times a year to incur a cost savings. Police Department: Police Chief Kalstabakken provided a 2007 Budget proposal overview for the Police Department. Mr. Kalstabakken talked about the transition to an 800 MHz radio system and the Dakota Communications Center. Council Member Sterner inquired about the replacement of fire arms schedule. Mr. Kalstabakken stated fire arms are replaced every 10 -15 years. Public Works: City Engineer Brotzler and Operations Superintendent Cook presented the 2007 Public Works Operation Budget. Mr. Brotzler highlighted the increases in the budget for government buildings, fleet maintenance, street maintenance and parks maintenance. He updated the City Council on the Dakota County Shop located on Biscayne Avenue and the implications should the City- not be able to continue to use the facility. Mayor Droste questioned the storage issues. Mr. Brotzler stated where current equipment is stored and the alternative of storing equipment outside or possibly at the Genz Ryan site. Council Member Shoe Corrigan questioned what type of staff addition is desired. Mr. Brotzler stated a years worth of tracking is needed to justify a sufficient staffing solution. Mayor Droste questioned efficiency with rising gas prices Mr. Brotzler evaluated ways to save money department wide. UPDATES 3.A. Draft Transportation Plan City Engineer Brotzler stated the Transportation Plan has been updated per Council Member Sterner's comments and will be brought before the City Council on August 15ih. 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION AUGUST 9, 2006 Mayor Droste was concerned with the transit plan component. Council Member Sterner stated he would contact Will Branning regarding the transit plan and funding options. The City Council requested a memorandum outlining the changes to the Transportation Plan as well as the scope of the transit plan prepared by WSB Associates. 3.B. Bloomfield Park Shelter Building Director of Parks and Recreation Schultz stated the Parks Commission discussed the shelter at its last meeting. The Commission discussed the different options at Bloomfield Park. Mr. Schultz provided pictures of a park shelter in Hastings that the Commission showed interest in building. The City Council decided the focus of the money should be towards an athletic complex versus a park shelter. The City Council supported building a picnic /open sided shelter to serve the various fields and summer activities in Bloomfield Park. 3.C. Donald Wachter Police Chief Kalstabakken stated Donald Wachter has requested to hunt geese on his property. Mr. Wachter's 106 areas are zoned Business Park where hunting is not a permitted use. The City- Council directed Mr. Kalstabakken to consult with City Attorney LeFevere to gather further information for amending the current ordinance or developing a restrictive permit process. 3.D. Additional Updates City Adrninistrator Verbrugge stated that the City Council will be calling for a public hearing at the August 15' City Council meeting regarding the conduit financing for Flint Hills Resources which will appear on the September 19t He added the MGM Ribbon Cutting is scheduled for August 16t at 3:00 p.m. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 10:58 p.m. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL REGULAR MEETING AUGUST 15, 2006 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a City Council Regular Meeting was duly held on Wednesday, August 15, 2006, 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 Sterner, Baxter, and DeBettignies, attending. Council Member Shoe- Corrigan was absent. Also present was City Attorney LeFevere. Staff members present were City Administrator Verbrugge, Cotnmunity Development Director Lindquist, City Engineer Brotzler, and Recording Secretary Hanson. The Pledge of Allegiance was led by the Eagle Scouts. ADDITIONS OR CORRECTIONS TO THE AGENDA 1. Consent Agenda- 6.h. Termination of Tower Lease Agreement Verizon Wireless. 2. Consent Agenda- 6.i. Authorize Payment to Fire Station Contractors. Motion by DeBettignies. Second by Sterner. Motion was made to approve the additions to the agenda. Ayes: 4. Nays: 0. Absent: Shoe Corrigan Motion carried. City Administrator Verbrugge requested to pull the Transportation Plan from agenda. The item shall be rescheduled for a later date when all Council Members can be present. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS a. Commendation for state track championship An award was presented to Andrew O'Donnell for his state championship in track competition. b. Commendation for attainment of Eagle Scout rank Awards were presented by Mayor Droste while a background of each scout was read by Council Member DeBettignies. Scouts present were Daniel Morgan Trust, Richard Logan Trust, Daniel Benjamin Hauck, Thomas Lee Powers, and Adam Lindsey. A group photo of the scouts and Council Members was taken. Scouts not able to make it bur were comunended were Nicholas Dean Feiock and Tyson James Hickle. 1 1 1 CONSENT AGENDA a. Minutes of the August 2, 2006 Regular City Council Proceedings b. Bills Listing c. Appointment of Election Judges for 2006 Primary and General Elections (Resolution 2006 -92) d. Expenditure Approval Fire Donation Fund e. Expenditure Approval from the Donation Account Parks Recreation Dept. f. Progressive Rail Agreement to Reconstruct Crossing and Signals /Authorize Payment Old County Road 381132 Court West, CP #387 g. Set Public Hearing for Flint Hills Resources Pine Bend Project Series 2006 Private Activity Tax Exempt Financing (Resolution 2006 -93) Motion by Baxter. Second by Stemer. Motion was made to approve the Consent Agenda items a -g. Ayes: 4 DeBettignies, Droste, Stemer, Baxter, Nays: 0. Absent: Shoe Corrigan Motion carried. PUBLIC HEARINGS OLD BUSINESS NEW BUSINESS 05-40 -PUD Endres Properties 2 Addition Preliminary Plat, Final Plat, and PUD Concept Plan Conununity Development Director Lindquist presented the matter. At the July 18, 2006 meeting, the Cite Council had approved the drainage and utility easement vacation needed to execute this final plat. Also on tonight's Agenda, the City Council will be acting on the Adventure Zone Interim Use Permit for Lot 1 and Lot 3 of Block 1 Endres Properties 2"' Addition. Leon Endres has applied for PUD Concept Plan, Preliminary Plat, and Final Plat approval to subdivide the Endres property located at 13420 Courthouse Blvd. Ultimately, three lots will be created, one for the existing Endres facility and two new lots for industrial use along State Highway 55. Endres Rosemount Holdings LLC owns approximately 50 acres of land for the Endres processing plant along the east side of State Highway 55 across from the SKB landfill. Much of the site beyond the 10 acres occupied by the Endres facility is undeveloped. However, "The Adventure Zone a commercial outdoor recreational use for paintball games is also established on the site. If approved, the Interim Use Permit "IUP for the _Adventure Zone will have to be amended with the new legal description for the parcel it will occupy. The site is in the General Industrial zoning district, located between Highway 55 and the Mississippi River. The property is also part of the Mississippi River Critical Corridor Area "MRCCA which is an overlay district intended to protect and preserve steep slopes or bluffs and protect views from the river and control erosion among other [lungs. The Minnesota Department of Natural Resources "DNR has had the opportunity to provide comments regarding the proposed preliminary plat and its potential impact on the regulated bluff areas. In addition, the Minnesota Department of Transportation "MnDOT also reviewed the preliminary plat because it has direct access onto State Highway 55. 1 1 1 PUD Concept Plan approval has been requested to illustrate how the proposed Tots can be developed in light of the MRCCA standards. The concept provides a development scenario for discussion and comment. Since the owner will not be the developer for the parcels it is unclear what the final site plans will look like. However, it is useful for the city to detemaine if the Preliminary Plat is practical or realistic. The applicant could not cominit to a detailed Master Development Plan approval at this tune, until future owners and businesses for the new lots are identified. Prior to development of the two new sites, Master Development Plan approval is required. It is expected that the final master plan will need to be comparable in size and scope to the concept due to the individual site constraints. These constraints limit the options for site development. It is expected that the two new parcels, if approved, should not require additional variances from the ordinance standards than that reflected under the current submittal. The DNB's role is to ensure that the MRCCA standards are enforced relative to the regulated bluff areas. With the exception of the protected bluffs and bluff setbacks, the traditional General Industrial standards apply. Council Member Sterner asked about tree preservation and Ms Lindquist stated that these are just concepts and staff will look at tree preservation closer in the final development plan. Council Member Baxter commented that he is grateful for the work that staff and Planning Commission has done due to the fact that this is all preliminary. Mayor Droste asked if there are any sewer systems and water on the site or close to the site. City Engineer Brotzler explained where the closest sewer system and water is located. Ms. Lindquist confirmed that this is in the General Industrial zone and staff is currently modifying those requirements. Mayor Droste stated that all septic systems and drain fields would need to be approved before any building site could be finalized. Mayor Droste asked the City Attorney if monies from the TIF district could be used to improve any of the outlots. Attorney LeFevere indicated staff would have to look at the TIF district plan more closely. Approving the motion does not impair the Council's ability to spend money on other parts of the district if allowed by the appointed plan. Mayor Droste stated the question on the'1'IF district needs to be answered so funds are utilized within the remaining time period. Council Member DeBettignies questioned why Adventure Zone is mentioned in the Resolution. Ms. Lindquist explained how the motion affects Adventure Zone. Motion by Baxter. Second by DeBettignies. Motion to adopt an ordinance rezoning the property to PUD GI, General Industrial Planned Unit Development (Ordinance B -171). Ayes: 4 Droste, Sterner, Baxter, DeBettignies. Nays: 0. Absent: Shoe Corrigan. Motion carried. Motion by Baxter. Second by DeBettignies. Motion to adopt a resolution approving the Preliminary Plat and Final Plat for Endres Properties 2 Addition subject to conditions (Resolution 2006 -94). 1 1 1 Ayes: 4 Sterner, Baxter, DeBettignies, Droste. Nays: 0. Absent: Shoe Corrigan. Motion carried. Motion by Baxter. Second by DeBettignies. Motion to adopt a resolution approving the PUD Concept Plan for Endres Rosemount Holdings LLC for the property located at 13420 Courthouse Blvd subject to conditions (Resolution 2006 -95). Ayes: 4 Baxter, DeBettignies, Droste, Sterner. Nays: 0. Absent: Shoe Corrigan. Motion carried. 06 -36 -IUP J C Nordberg, Inc. (DBA The Adventure Zone) Interim Use Permit Renewal of an Existing IUP for Commercial Outdoor Recreation. Community Development Director Lindquist presented the matter. The applicant, J C Nordberg, Inc. (DBA: The Adventure Zone), requests renewal of their existing interim use permit (IUP) to allow the continued operation of the Adventure Zone paintball field. The Adventure Zone is located on the western half of the Endres Processing site located at 13420 Courthouse Boulevard (Hwy. 55). The Adventure Zone has operated this paintball game field in this same location under their existing IUP since 1994. The permit was last renewed in May of 2004 and allows this Commercial Outdoor Recreation use, subject to conditions, through 2007. The subject property is zoned and guided GI General Industrial. Paintball fields are allowed through an interim use permit in the General Industrial District. The City is requiring renewal of this IUP at this time because the property owner (Endres Properties, LLC) wishes to subdivide their existing single parcel into three separate parcels for potential development. The proposed subdivision would divide the Adventure Zone business over two separate properties. The intent of this renewal is to modify the IUP to ensure it reflects the new legal descriptions proposed by the plat. Staff and the Planning Commission are recommending approval of the proposed plat under a separate item on this agenda. Should the Cit approve the renewal request, The Adventure Zone would continue to operate on Lots 1 and 3, Block 1 of Endres Properties 2n Addition through 2009. It should be noted that if the owner of Lot 1, Block 1 seeks development approvals for this property, the City- may revoke the IUP requiring the Adventure Zone to cease operation. Council Member Baxter asked if there has ever been any complaints with this business, and it was confirmed that there hasn't been any. Motion by DeBettignies. Second by Sterner. Motion to approve a resolution renewing the Interim Use Permit (IUP) for J C Nordberg, Inc. to allow the continued operation of the Adventure Zone, subject to conditions. Ayes: 4 DeBettignies, Droste, Sterner, Baxter, Nays: 0. Absent: Shoe Corrigan. Motion carried. 1 1 ANNOUNCEMENTS City Administrator Verbrugge made an announcement that Dawn Weitzel, the Assistant City Administrator, is leaving and her Last official day is Friday, August 18, 2006. She will be coming in for a few days over the next few months Council Members all voiced their gratitude for her services over the past three years. Future City Council Schedule joint meeting Tuesday, August 22, 2006, with Planning Commission at 5:30p.m. Regular Planning Cotnnussion meeting after the joint meeting at 6:30p.m. City Council Work Session, August 23, 2006 at 6:30p.m. Parks and Recreation meeting, August 28, 2006, at 7:OOp.m. Port Authority and City Council regular meetings, September 5, 2006 at 6:OOp.m. and 7:30p.m. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:13p.m. Second by Sterner Ayes: 4. Nays: 0. The meeting was adjourned. Respectfully submitted, Kathie Hanson, Recording Secretary 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION AUGUST 23, 2006 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Wednesday, August 23, 2006, at 6:37 p.m. in the Council Chambers at City Hall, 2875 145' Street West. Acting Mayor Shoe Corrigan called the meeting to order with Council Members Baxter and DeBettignies. Mayor Droste and Council Member Sterner entered the meeting at a later time. Staff members present were City Administrator Verbrugge, City Engineer Brotzler, City Clerk Domeier, Connnututy Development Director Lindquist, Police Chief Kalstabakken, Operations Superintendent Cook, Finance Director May and Fire Chief Aker. DISCUSSION A. 2007 Budget City Adminusurator Verbrugge stated the purpose of the Special Work Session was to continue the discussion of the preliminary budget for 2007. Mr. Verbrugge reviewed the CIP work sheet. Community Development: Community Development Director Lindquist stated the intent to replace the welcome to Rosemount signs and small green signs throughout the City. Ms. Lindquist was directed to move forward with the replacement of signs. Finance Department: Finance Director May reviewed the status of the printers at City Hall. He added that work station upgrades take place every two years replacing half of the equipment. Council Member DeBettignies questioned if the printers are networked. Mr. May noted some pruners are not on the network. Council Member DeBettignies further questioned the use of computer towers at City Hall and the potential of cutting costs. Council Member Sterner requested staff to analyze the use and cost of copiers and printers. Police Department: Police Chief Kalstabakken discussed the upgrade of the radars, the replacement of handguns, emergency equipment and the installation into squad cars, the addition of a squad car and the DDC capital costs. Mr. Verbrugge noted the hand held radios would be financed through equipment certificates. Public Works: City Engineer Brotzler reviewed the street CIP for the CSAH 42 and Highway 52 interchange. Mr. Brotzler also reviewed the pavement management program and further discussed the proposed reconstruction of County Road 73. Discussion regarding street reconstruction and the pavement management program ensued. Mr. Brotzler noted the pavement management program is set up for seal coats, overlays, rehabilitation and reconstruction of existing streets. Debate regarding "quiet zones" and where to install the zones took place. Mr. Brotzler reviewed the costs for the Well House #15 and the painting of Connemara Trail tower. The Shannon Pond outlet was added in as a place holder but the actual year of construction is to be deternuned. 1 1 1 General Government: Council Member DeBettignies questioned City software. Mr. Verbrugge summarized the need for software programs and a system to be used across the board. Ms. Lindquist summarized the goals to increase efficiencies where systems could work together. Mayor Droste stated his concerns with buying individual software packages. City Administrator Verbrugge distributed information on the market value growth and explained the calculations and percentages. Mr. Verbrugge also distributed market value comparisons of select Dakota County communities and discussed the differences of market value growth and tax rates. Mr. Verbrugge explained the progress made by Rosemount in reducing tax rate while experiencing market value growth is nearly identical to that of Apple Valley and much greater than Farmington; ruo communities that Rosemount is often compared when looking at growth and taxation issues. Mr. Verbrugge stated that the City Council's approach to tax management policy is more consistent with a mature and nearly developed conununity than it is to a community experiencing rapid growth. Mr. Verbrugge talked about the different scenarios for the tax rate. Mayor Droste questioned the operating increases and the proposed tax rate. Discussion continued regarding surrounding communities' budgets, the proposed levy, fund balances and permit revenues. Council Member Shoe- Corrigan stated concerns regarding the tax rate and where the City- tax rate will be a few years down the road. She stated she would like the City tax rate to decrease one to two percent. Council Member DeBettignies questioned the surplus in personnel costs. Finance Director May explained the reasoning for the surplus by indicating and explaining the expenditures for 2005, 2006 and 2007. Council Member Baxter stated he would like the total levy reduced to a 10% increase versus the 13.542 increase proposed. Mayor Droste echoed Mr. Baxter's comments and recommendations. Council Nlember Sterner noted the tax rate over the last few years and stated he is comfortable with a reduction to the tax rate. Council Member Shoe- Corrigan stated a 10% number might be harder to attain. Mayor Droste was concerned with the rates the residents are expected to pay. City Administrator Verbrugge suggested a 3 to 4% range for the levy. Council Member Shoe Corrigan stated 2% is respectable. Council Member Sterner suggested a 1% increase. A 2% reduction was the general consensus of the City Council. Mr. May stated his concerns with the State's levy limits and tax freezes that could occur next year. UPDATES Police Chief Iialstabakken stated a resident would like to recognize two young 'individuals who assisted a child in a bicycle accident. Mr. Kalstabakken questioned the approach the Council would like to take in recognizing the individuals. The City Council directed Mr. Kalsrabakken to bring the individuals in for recognition. 1 Mr. Kalstabakken provided an update on the Donald Wachter parcel. He stated that City Attorney LeFevere believed there was not an easy way to approach the hunting ordinance and did not encourage the writing of an ordinance to accommodate one or two people. City Administrator Verbrugge provided an update of the energy saving upgrades. City Engineer Brotzler provided a County Road 38 update. He stated a response letter was sent to the Rohrs. He further added that a letter was sent to all property owners affected by the special connection charge for the properties in that area outlining the changes in the connection period and the special connection charges. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:44 p.m. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 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 Wednesday, September 5, 2006, 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 Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff membets present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, Finance Director May, Cotnmmnicauons Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge noted the addition of a revised Agenda and Consent Agenda Item 6.m. Approve Energy Cost Savings Agreements. Additional information was provided for Item 9.a. Resolution Setting 20(16 Preliminary Levy and Budget Hearing Dates. Motion by Droste. Second by Sterner. Ayes: 5. Nays: 0. Motion carried. 1. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2006 Motion to adopt the Agenda with the addition of Item 6.m. and additional material for Item 9.a. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Demonstration of AutoMARK voting equipment City Clerk Domeier provided a demonstration of the new assistive voting terminals available in all seven precincts in Rosemount for the 2006 elections. She provided information related to the use of the AutoMARK including the many features and how the machine will be utilized in the polling locations. Ms. Domeier also provided a schedule of upcoming election events including the extended hours for absentee voting at City Hall. Mayor Droste thanked the many volunteers who work as election judges on Election Day. CONSENT AGENDA Motion by DeBcttgniess Second by Shoe Corrigan. a. Minutes of the August 9, 2006 City Council Work Session Proceedings b. Minutes of the August 15, 2006 City Council Proceedings c. Minutes of the August 23, 2006 Special City Council Work Session Proceedings d. Bills Listing e. Hiring of Assistant City Administrator f. Receive Donation Fire Department g. Receive Donations Parks Recreation Dept. h. Expenditure Approval from the Donation Account Parks Recreation Dept. i. Halloween Event Service Agreement 1 j. D.A.R.E. and School Liaison Services Agreement k. Change Order #1 Meadows of Bloomfield 3' Addition, City Project #380 IrPtuchase Site Well tt15, Cit Project tt108 m. Approve Energy Cost Savings Agreements Mayor Droste requested that Item 6.1. be pulled from the agenda. Motion to approve the Consent Agenda, Items 6a. through 6.k and Item 6.m. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: 0. Motion carried. 6.1. Purchase Site Well #15, City Project #408 Mayor Droste questioned the need for construction of Well #15. City Engineer Brotzler stated that with the continued growth it is necessary to move forward with the design and construction of Well #15 in accordance with the Comprehensive Water System Plan. He further addressed the need in relation to the watering restriction during the extreme heat this past summer. Mayor Droste questioned how much water is pumped by the wells Mr. Brotzler responded approximately 1,000 1,600 gallons per minute. Council Member Sterner inquired why the proposed site is an attractive location for Well #15. Mr. Brotzler stated the land is currently an outlot platted by the developer. He also stated that when the Comprehensive Water System PL-in was developed an additional site was proposed in that area. Motion by Droste. Second by Sterner. Motion to Enter into a Purchase Agreement with Centex Homes for the Acquisition of Land for Well #15 and Authorize the Necessary Signatures. Ayes: Shoe Corrigan, Droste, Stemer, Baxter, DeBettignies. Nays: 0. Motion carried. NEW BUSINESS 9.a. Resolution Setting 2006 Preliminary Levy and Budget Hearing Dates Finance Director May stated this item is the beginning of the truth in taxation requirements set forth by state government. The preliminary levy will be set and the preliminary budget and budget hearing dates approved. He noted that the public hearing date has been set for December 4, 2006 at 6:30 p.m. The information added into the packet is a summary of all of the budget items. Mayor Droste questioned what residents can expect to see on their City taxes this year. Mr. May responded that the preliminary levy will be a 2% reduction in the City's tax rate from 2006's. The average growth in existing homes' value was 5.5%; the increase in the market value for the City was 13°%0; and the total levy increase was 104%. The average home will receive an approximate increase of $47.00 for the City's share of the taxes. Motion by Baxter. Second by Shoe Corrigan. 2. 1 1 1 Motion to adopt a Resolution Setting the Preliminary 2007 General Fund Operating Budget, the Preliminary 2007 C.I.P. Budgets, the Preliminary 2007 Insurance Budget, the Preliminary 2007 Port Authority Operating Lew and the Preliminary 2006 Levy and Budget Hearing Dates Required by the City of Rosemount. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: 0. Motion carried. (Resolution 2006 -97) 9.b. Twin Ponds Conservation Easement, 05- 41 -AP -V City Engineer Brotzler provided a background of the project. Manley Land Development has proposed to build a new home on Lot 2, Block 1 at Twin Ponds. The proposed house does not meet the setback requirements from the current conservation easement and wetland buffer. Manley Land Development proposed a new conservation easement that includes the buffer averaging to allow for construction of the proposed house. To allow for the new conservation easement, the City must first release Manley Land Development from the existing conservation easement and accept the new conservation easement in its place. City Attorney LeFevere stated this application is different from other land use proposals because the entire wetland buffer isn't useful and is intended to protect the wetland to satisfy ordinance requirements. Council Member Baxter questioned how close the proposed structure would be to the wetland. Mr. Brotzler stated the structure would need to be 60 feet from the wetland line and meet the minimum 30 feet buffer and 30 foot setback requirements. He added the reasoning for the buffer is because of surface runoff and to dilute the chemicals or other harmful things from entering the wetland. Council Member Shoe Corrigan questioned if the property owner would choose a different housing style if a home could be constructed without encroaching on the lot. She added that while working on the new wetland ordinance the 30 foot setback was put into place to recognize where essential services would be located. Once a wetland is deteriorated it would take decades to restore. She added her concerns with making a concession that goes against the current ordinance when so much time and effort was put together in coordinating the wetland plan. Troy Asleson, representing Manley Land Development, displayed the setbacks of the site using a map. Mr. Asleson stated the actual size of the home left after the 30 foot setback is much smaller and that under the previous standards they would have been able to maneuver the house into a different style. Ms. Shoe Corrigan questioned if any housing style will fit on the lot. Mr. Asleson stated there is always a housing style that can fit but there was an assumption that the home could be built as previously approved. Council Member Shoe Corrigan questioned if they City was obligated to honor the first agreement or must the City adhere to current ordinance. City Attorney LeFevere stated the actual language of the ordinance should be checked as this application looks to be more of a variance and may not require a hardship. He further added if the City has changed the rules from when the plat was recorded there may be hardship. 3. Motion by Baxter. Second by Shoe- Corrigan. Motion to table the item to September 19, 2006. Council Member DeBettignies requested clarification from Mr. Asleson on the delay of trecording the original plat and allowing the application to sunset. Mr. Asleson stated the application was handled by the Manley Land Development and he was brought into the picture at a later date. Council Member Shoe Corrigan stated with new ordinance requirements the lot is still a buildable lot. She added there are housing styles that ht adhering to the current ordinance or the minimum averaging without affecting the wetland. City Engineer Brotzler summarized City Council direction and stated more information will be obtained regarding the size and location of a house that could be constructed using the current Conservation Easement and a legal opinion relating to the City's wetland ordinance and buffering averaging. Mayor Droste requested the applicant provide pictures of the lot at the next City Council meeting. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming meetings and directed residents to contact City Hall with any questions about the primary election. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:45 p.m. Second by Sterner. Upon unanimous decision, the meeting was adjourned. 4. Respectfully submitted, Amy Domeier, City Clerk 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Wednesday, September 13, 2006, at 6:30 p.m. in the Council Chambers at City Hall, 2875 149 Street Nest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were Acting City Administrator /Police Chief Kalstabakken, City Engineer Brotzler, Community Development Director Lundquist, Director of Parks and Recreation Schultz, Planner Lindahl, Communications Coordinator Cox, and City Clerk Domeier. Chuck Rickart of WSB Associates was also present for the meeting. 2.A. Transit Plan Connmunity Development Director Lindquist stated WSB Associates provided a Transit Plan proposal and staff requests City Council direction in moving forward with the transit plan. Council Member DeBettignies was concerned if the proposed transit plan was included in the budget. City Engineer Brotzler responded the item was sent in draft format to ensure the City Council is comfortable with what a final scope would consist of before a final proposal is created that would include a cost estimate. The estimated cost for the proposal before the Council would be close to $20,000 $25,000. He added there are no specific dollars appropriated in the budget for this plan; however, the street CIP fund was the funding source for the transportation plan and the transit plan could fall in line with that type of work. Mayor Droste voiced his concerns with the proposed transit plan and the level of experience WSB could provide to the City. Chuck Rickart stated while WSB may not have the depth of experience as some transit consultants, they have worked with different organizations and groups that are transportation oriented. Mr. Rickart added WSB has prepared transit and transportation plans for other communities. The City Council discussed how the $20,000 would be best spent and ensuring that the money would be all inclusive to the transit networks available across the metro. Mr. Rickart stated the proposal provided does not encompass or include that big of a picture. Mayor Droste was concerned with looking to 2030 to figure out the potential of various different components in the Metro transit network. Mr. Rickart stated additional analysis of surrounding communities would be a larger picture than envisioned for the plan provided. Mayor Droste supported the transit plan and requested WSB to look broadly at all the systems and networks available. Ms. Lindquist stated there has been discussion of a hub to be located at the intersection of CSI LA 42 and Highway 52. Council Member Shoe- Corrigan requested it to be included in the transit plan. Ms. Lindquist added it would also be part of the comprehensive plan. Council Member Sterner requested the City research placing a hub at the intersection of CSAH 42 and Highway 3. Before the October 3 City Council meeting, Mr. Rickart will formalize the plan and include costs. 1 1 2.D. St. Joseph Church Task Force Director of Parks and Recreation Schultz outlined the composition, process and schedule of the task force. He added the process should last approximately one year and that short and long term plans would be developed that would detail the best use for the buildings in the future. Council Member DeBettignies requested that the Port Authority member not be a City Council member as well. Council Member Baxter requested that the two business representatives be appointed by the Chamber of Commerce. He also suggested that the school district representative should be from Rosemount. Council Member Stemer recommended more St. Joseph representatives be on the task force. After debate, the proposed composition of the task force included the following: two City Council Members; one Planning Comtissioner; one Dakota County Representative; two St. Joseph's Representatives; six At -Large Citizen Representatives; one Parks and Recreation Commissioner; one Port Authority Commissioner; one Rosemount School Representative; two Neighborhood Representatives; and two Business Representatives. 3.B. Development Density at Akron Avenue Community Development Director Lindquist provided City Council with a developer's draft concept plan for property located at the Akron Avenue area. The plan was provided to begin discussion related to the density of the project. Ms. Lindquist spoke of the density in the area and updated the City Council on the early proposal for the property. She stated the developer believes there is no apartment market at this time and more single family housing is a better housing market with competing goals of open space, parks as well as trying to raise the density. Mayor Droste stated the range of five to six units per acre for density is still high enough density that would work. Council Member Sterner would like to hold firm with the density approved in the Comprehensive Plan. He added the housing market is tough right now but he preferred to see how the market develops in the future. Council Member Baxter suggested the City Council should recognize market forces. He also mentioned that the City markets itself as working well with developers and flexibility is important.. Council Member Shoe- Corrigan stated she is comfortable with five to six units per acre but wants new development to be reasonably related to the Comprehensive Plan land use designation. 2.B. Special Assessment Deferrals City Engineer Brotzler stated the Special Assessment Deferrals item was first brought forward at the May 24, 2006 City Council Work Session. A draft resolution was prepared based upon examples from other communities previously reviewed that outlines the proposed temps for the special assessment deferrals. Mr. Brotzler reviewed Minnesota statute language that includes a provision for special assessment payments to "a person 65 years of age or older or retired by virtue of a permanent or total disability for whom it would be a hardship to make the payments." Council Member Sterner requested the draft resolution be simplified by removing condition 4C. Mr. Brotzler stated his view of condition 4C and recognized there may be property 1 1 1 owners in the community where a hardship may be present and the need to have a mechanism in place so that the system is not taken advantage of by a property owner. Council Member Sterner was also concerned with the language in condition GE. Mr. Brotzler's perspective was the longer an assessment is deferred more interest will accrue. With this condition, responsibility is placed on the property owner to renew and certify that they still qualify for the assessment deferral. Council Member Baxter questioned the required renewal every year and suggested a standard be provided for the renewal. He further questioned conditions 4A and 4C and stated the language should read "excluding equity' in the homestead if considering a hardship. Council Member Shoe Corrigan stated in condition 4C the $50,000 in assets may be to low of a number Council Member DeBettignies questioned condition GD and was not clear with accepting a partial payment. Mr. Brotzler responded that the expectation when a property owner chooses to not recertify or is no longer eligible for the deferral that the full assessment would be levied Mayor Droste urged the Council Members to be cautious of developing a complex program and suggested additional resources may be required when working with the program. Mr. Brotzler will verify the timeline for the assessments and deferrals and clarify the language in the conditions discussed for the October 11 work session. Mark DeBettignies left the meeting at 8:01 p.m. 2.C. Industrial Districts Zoning Text Amendment for the GI General Industrial and HI Heavy Industrial District. Community Development Director Lindquist addressed previous concerns related to the potential impact of the changes on existing businesses. She stated that due to the amendments some sites may not comply with the new performance standards found within the ordinance. However, staff believes none of the existing uses will become non- conforming. Some of the existing businesses currently have aspects of their operation or development which do not comply with existing ordinance criteria and would currently be considered non conforming even without the proposed ordinance changes. Don Kern of Flint Hills Resources thanked staff for the open process and requested another Comprehensive Plan Amendment to look at other properties for Flint Hills' long term plans. Scott Doman of CF Industries, Inc. thanked staff for working closely with CF Industries and added that while they have some of the same issues as Flint Hills they will continue to work together with staff. Ms. Lindquist stated the item along with the rezoning of properties from GI- General Industrial to HI -Heavy Industrial are tentatively scheduled for the October 17` City Council meeting. 3.A. 2008 Comprehensive Plan Update Process 1 1 1 Community Development Director Lindquist reviewed the staff report. Recently, staff met with representatives from UMORE to discuss their visioning and planning process. Considering that approximately 2,800 acres of the University property is located within Rosemount modifications to their land use from the current Agricultural Research designation may substantially alter forecast impacts on the City's infrastructure system, population and job projections, and parks and open space recommendations. A delay in the start of the 20118 Update is dependent upon the action of the Board of Regents later this year. Mayor Droste requested that staff inform the Planning Commission of the change in the comprehensive plan schedule. 3.B. Additional Updates Robert Street Corridor Community Development Director Lindquist stated local communities are to appoint representatives and alternates for the Robert Street Corridor Steering Committee and Robert Street Corridor Technical Advisory Committee (TAC) through formal action on the part of the City Council. Ms. Lindquist recommended that Larry Laukka serve as the steering conunittee representative. Council Member Sterner suggested that the Mayor serve on the committee. Mayor Droste stated he would be willing to serve as the alternate to the group. The Council agreed the appointment would be for one year, which would allow the Council an opportunity to evaluate the appointment in the near future, should they want to. Blue Cross Blue Shield Grant Community Development Director Lindquist stated two meetings regarding the Blue Cross Blue Shield Grant have been set up that are geared towards non staff. The plan is to meet with consultants to review guidelines and concepts to assist people. Planner Lindahl from staff has been working on the item. Two representatives from the Planting Commission and one representative from the Parks Commission will be attending as well. Council Member Sterner and Mayor Droste volunteered to work on this committee also. AUAR Mailing Community Development Director Lindquist stated the AUAR kick off meeting will be held on October 10th. Ms. Lundquist provided a map showing the property owners that would be invited to the meeting. The City Council supported the suggested property owner mailing list. Union Pacific Community Development Director Lindquist updated the Council Members on the Union Pacific lot split that would be on the September 19' agenda. Ms. Lindquist further explained the terms for granting the easement and the contract insurance requirements. Council Member DeBettignies was concerned with the punitive damages language and if an insurance company would write the policy. Council Member Shoe Corrigan was not comfortable with the item being on the next City Council agenda without further information on the insurance. Additional Updates 1 1 1 Council Member Sterner questioned who the candidates are for the City election to be held on November. City Clerk Domeier stated the candidates for Mayor included Mayor Droste and Kurt Walter- Hansen. The Council Member candidates included Mark DeBettignies, Kin Shoe- Corrigan, Charlie Koehnen and William Schroeder. Ms. Domeier also distributed the unofficial results of the September 12 Primary Election. Mayor Droste stated he would like to send letters to election judges, commission members, and Leprechaun Days and Halloween Trail volunteers thanking the individuals for their commitment to the City. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:56 p.m. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 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 19, 2006, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street \Vest. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettignies, and Shoe Corrigan attending. Staff members present were Police Chief Kalstabakken, Community Development Director Lindquist, Parks and Recreation Director Schultz, City Engineer Brotzler, City Attorney LeFevere, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA Community Development Director pulled Consent Agenda Item 6 e. Acquisition of Easements Old County Road 38/ 132"'' Court West Street and Utility Improvements, City Project #387 from the Agenda. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with Item 6.e. removed. Ayes: 7. Nays: 0. Motion carried. 5.a. Oath of Police Officer Mr. Ialstabakken took great pleasure in introducing Mikael Dahlstrom to the City Council. Officer Dahlstrom began working for the Police Department on September 5, 2006. Mr. Kalstabakken summarized Officer Dahlstrom's background and education. Mayor Droste administered the Police Officer Oath of Office to Mikael Dahlstrom. Mayor Droste congratulated Officer Dahlstrom and welcomed all the family who attended the event. Consent Agenda Mayor Droste pulled Item 6.b for further discussion. Motion by DeBettignies. Second by Baxter. Motion to adopt the Consent Agenda Items 6.a. and Items 6.c. through 6.i. a. Bills Listing b. it Joacph Church Taak Force c. Pine Bend Paving Asphalt Plant Interim Use Permit, 06- 41 -IUP (Resolution 2006 -98) d. Acquisition of Easements GlenRose of Rosemount City Project #397 e. Declare Cost /Set Hearing -2006 Pavement Management Project, City Project #396 (Resolution 2006 -99) f. Declare Cost /Set Hearing GlenRose of Rosemount Street and Utility Improvements, City Project #397 (Resolution 2006 -100) 1 1 g. Approve Agreement with Xcel Energy for Utility Relocation -Old County Road 38, City Project #387 h. Bioscience Zone Application (Resolution 2006 -101) i. Robert Street Corridor Committees Ayes: DeBettignies, Shoe Corrigan Droste, Sterner, Baxter. Nays: None. Motion approved. 6.b. St. Joseph Church Task Force Mayor Droste explained the composition and purpose of the task force in looking at the feasibility of the St. Joseph Church site. He further added the process will last approximately one year to develop short and long term plans that would detail the best use for the buildings in the future. Staff plans to recruit the volunteer positions by posting information in the local newspapers and on the City's website. Motion by Droste. Second by Sterner. Motion to approve the composition of the St. Joseph's Church Task Force and the recruitment of its members as detailed by staff in the executive summary. Council Member Shoe Corrigan stated the church will remain in place and the intent to carefully review the possibility of reusing the school building. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion approved. Public Hearings a. Flint Hills Preliminary Approval to the Project and the Issuance of Revenue Bonds Comtnunity Development Director Lindquist stated that per the applicant's request the public hearing should be tabled until October 3, 2006 to resolve issues on the project. Mayor Droste opened the podium for pubic comment. Myron Napper, 3381 145 Street East, Rosemount, questioned what type of project is to be approved. Ms. Lindquist responded the project is for the purchase of additional equipment. Mayor Droste noted at the next meeting representatives from Flint Hills would be available to provide a formal presentation with greater detail on the project. Motion by Droste. Second by Shoe Corrigan. Motion to table the public hearing to October 3, 2006. Ayes: 7. Nays: 0. Motion carried. 1 1 Old Business 7.a. Twin Ponds Conservation Easement, 05- 41 -AP -V Community Development Director Lindquist ist reviewed the staff report and also referenced City Attorney LeFevere's memo related to the buffer averaging and ordinance information. She stated the item is not a variance or a land use based approval process. While on other occasions the buffer averaging has been approved it often occurs through the course of review and approval of a development project. Council Member DeBettignies noted from the minutes of February 14, 2004 that when the previous lot split was approved the City Council ruled that approval did not guarantee two buildable lots. Jenni Hattervig of Pioneer Engineering representing Manley Land Development stated since the homes are custom built they were not aware of the situation until the buyer was in place. The proposed house for the lot is over 80 feet wide. She added that a conservation easement was provided in an attempt to work in favor of the buffer averaging. Council Member Baxter questioned the difference between a 75 feet or 45 feet buffer with a 30 foot setback. Andrea Moffit of \VSB Associates stated the 75 foot buffer is associated with the preservation of higher quality wetlands and is a no touch natural area. The 30 foot setback area would allow usable space for a back yard. From wetlands preservation perspective the buffer is more important than the setback. Council Member Shoe Corrigan stated while she could support a reduced setback to something closer to 20 feet. She would not support allowing a house to be built next to the buffer. She did nor consider the item a hardship and did not support vacating the easement. Council Member Baxter stated the 75 foot buffer should be protected. He further stated if the setback were reduced and could be enforced that the homeowner get a smaller yard he could support the suggestion. Council Member DeBettignies concurred. City Attorney LeFevere stated the original request was to realign the buffer by averaging and with an additional 30 foot setback. If the City Council is contemplating adjusting the setback that would fall into a variance situation which would require the applicant go through the variance process. Andrea Moffit stated the wetland plan does include a case by case buffer averaging. The buffer is more important to protect the overall area and setback was put into place because homeowners were often mowing the buffer areas. City Engineer Brotzler added the wetland management plan is fairly new. New homeowners tend to receive good information about the purpose of the buffer. A majority of the wetland problems occur where the wetland predates the wetland management plan. Council Member Shoe Corrigan stated her concerns if in the future the homeowner decides to construct an addition, outbuildings, patio or an in ground pool. She stated a fair compromise would be to allow the applicant to go through the variance process. Motion by Sterner to table Item 8.a. until the October 3`d meeting. No second. Motion denied. Mayor Droste questioned staff if the application was nearing the 60 day period. Ms. Lindquist responded that the request is to vacate an easement and is not a formal planning application. Mayor Droste also questioned Ms. Hattervig with how flexible it is for the buyer to find a house that fits the lot. She added since there is no guarantee with a variance, direction is needed from the buyer on other options. Mayor Droste stated he would like to know about the flexibility of the building foot print and the buyer may have more influence on the situation. Ms. Lindquist stated that based upon advice from Attorney LeFevere if the City Council chose to deny the vacation request the item should be tabled to the next meeting to permit staff to draw up findings for denial. Because of the ambiguity of the case by case basis found within the \Vedand Plan, staff wanted to have on record the basis for moving in the direction chosen by the City Council. Council Member DeBettignies added that a variance was previously approved with the lot split and the driveway easements by the Planning Commission and approved by the City Council. He pointed out the 75 foot buffer was part of the previous approval. Motion by Sterner. Second by Baxter. Motion to table Item 8.a. until the October 3' meeting. Ms. Lindquist clarified that the tabling was to produce the findings of fact for denial. Council Member DeBettignies added a friendly amendment to the motion stating "for permitting staff time to draw up findings of denial." Council Members Sterner and Baxter agreed with the amendment. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. NEW BUSINESS 9.a. County Road 42 and Akron Avenue AUAR, 06 -16-CP Andrea Moffit, from WSB Associates, provided the background, analysis and steps going forward for the AUAR process. Council Member DeBettignies questioned the location of the Greenway Corridor. Ms. Moffit responded that the approximate location of the corridor will depend upon development and how it is configured. She noted that the graphic found within the document does not illustrate that the Greenway extends far beyond the study area, but it does. Council Member Sterner inquired what types of comments Ms. Moffit is expecting from agencies. Ms. Moffit stated she would expect comments from the PCA, Met Council and DNR but does not foresee any surprise comments. 1 City Attorney Brotzler informed the City Council that a copy of the plan will be mailed to public agencies. He continued that before the public meeting the plan will be posted on the City's website and available for public review at City Hall. Motion by Baxter. Second by Sterner. Motion to release the CSAH 42 and Akron Avenue AUAR for a 30 -day public review and comment period. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion approved. ANNOUNCEMENTS Mayor Droste reviewed the upcoming meeting schedule for September and noted the next regular City Council meeting would be held on October 3, 2006. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:36 p.m. Second by Sterner. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 1 CALL TO ORDER Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Wednesday, October 11, 2006, at 6:32 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, Police Chief Kalstabakken, City Engineer Brotzler, Finance Director May, Community Development Director Lindquist, Director of Parks and Recreation Schultz, Operations Superintendent Cook, Communications Coordinator Cox and City Clerk Domeier. 2.A. City Council Appointments to St. Joseph's Church Task Force City Administrator Verbrugge requested indication of Council Members interested in serving on the task force. He did caution Council Members that with the City Election in early 1 November it was suggested to wait for appointment in the event new members are elected. Council Members Baxter and Sterner both expressed interest in joining the task force. 1 Director of Parks and Recreation Schultz provided an updated timeline on the process. Applications will be accepted through October 20, 2006. He stated to date seven applications were received. Mr. Schultz stated that the school district will be nominating Kim Budde, the new vice principal, to serve on the task force. He added the recomtnendations could be brought to the City Council on November 21. Mr. Verbrugge offered that before the November 8 Special Work Session, applicant interviews could be held similar in style to the Conmaissioner interviews. The Council agreed on interviewing the applicants should a large number apply. 2.B. Special Assessment Deferrals City Engineer Brotzler distributed a revised resolution drafted by the City attorney incorporating cotnments received at the previous work session and based upon a meeting with Council Member Baxter. Mr. Brotzler summarized the changes made to the resolution. The Council Members discussed condition 4.C. Mr. Brotzler noted after the program has been in use a couple of years and the City Council has seen real situations the net assets number could be modified. City Administrator Verbrugge stated until the City has experience with the program, the City Council should error on the side of caution and make it a $10,0011 threshold. Council Member Sterner suggested $50,001) amount for net assets; Council Member Shoe Corrigan suggested $5,000; and Council Members Baxter and DeBettignies were in agreement \\ith $10,000. Mayor Droste favored raising the amount to $10,000 and to assess the amount annually based upon the applications received. Mt. Brotzler stated the resolution will be on the consent agenda on October 17. 2.C. Library JPA City Administrator Verbrugge stated staff has worked with Dakota County staff to continue drafting the final IPA for the library. The conditions outlined in the IPA are consisted in 1 1 structure and form to agreements the County has with other cities. Mr. Verbrugge described some of the County and City commitments as outlined in the agreement. Council Member Baxter inquired how long the requirement is for operating as a library. Mr. Verbrugge stated 30 years. Mayor Droste questioned snow removal responsibilities. Mr. Verbrugge responded it would be a contract snow crew that would take care of snow removal. Community Development Director Lindquist distributed the site plans for the library and described the two options. She stated the pros and cons for each site plan related to parking, site access, and location of side walks. Council Member Shoe- Corrigan added that the drafts are s mply for the footprint of the building and requested feedback on the layouts. Mayor Droste stated the sidewalks should be wider to include street lights. He also added he would prefer outdoor space to include an area people could hold an outdoor function. Council Member Baxter did not favor the parking area on Highway 3. Council Member Shoe Corrigan was not thrilled with the parking in the front but noted Plan B would give straight thru access and better turn radiuses compared to Plan A. Council Member Sterner preferred the pond be located at the front of the building. Mayor Droste added he would like to see cobblestone walks and nice benches. Council Member Baxter suggested tying in building features from Fire Station No. 2. Mayor Droste added he favored a historical theme to the library name. Ms. Lindquist distributed possible library names collected to date. Council Members were asked to email library name suggestions to Ms. Lundquist. Council Member Baxter stated if Site Plan B appears to be the best option to use it then going forward. Mr. Verbrugge stated the JPA will be finished and brought to City Council in a month or two for consideration. 2.D. 2007 Budget City Administrator Verbrugge provided a general overview of the 2007 budget. The total levy adopted by the City Council represented an 11.10 increase over the 2006 spread levy. The adopted levy included $166,000 of needed reductions and Mr. Verbrugge summarized the recommended adjustments as outlined in the staff report. Mr. Verbrugge informed the City Council of the proposed health care changes. His initial recommendation was to include an increase in the City's VEBA contribution from the current $530.00 to $800. The purpose for the increase in the VEBA was an attempt to hold employees harmless in out -of- pocket expenses and compared to the known out -of- pocket expenses in the Blue Cross renewal. However, due to AFSCME's preference to stay with the current health carrier and result of a MN Court of Appeals decision earlier this year regarding the "aggregate value of benefits Mr. Verbrugge stated he would hold the recommendation. He stated if the issues cannot be worked out in the next 10 -14 days the 1 1 City will stay with Blue Cross. If that is the case, the Ciry would likely take a look at RFPs again in 2007 but start the process much earlier. Mr. Verbrugge questioned if the City Council had any issues with the proposed reductions to the budget. Council Member Sterner inquired if the City was still considering doing video streaming on the website. Communications Coordinator Cox stated he has not heard anything further from the Cable Commission. Mr. Verbrugge stated a Cable Commission meeting is scheduled next week and he will check further into the issue. City Engineer Brotzler reviewed the development of the Pavement Management Program. He summarized the set up of the report including the annual funding levels. Mayor Droste spoke of the pockets of roads that require upgrading. Mr. Brotzler stated the more the City works with the plan there will be more than two categories assigned to the parameters. Council Member Shoe- Corrigan requested further interpretation on the classification of sweets that would be lower on the list for reconstruction. Mr. Brotzler pointed out the streets in red on the PCI map that are reconstruction candidates are delayed for improvements by the PMP. Strictly following the PIMP, these streets would not show up for improvement until after 2011. This is a result of the PMP prioritizing available dollars for maintenance improvements versus reconstruction. Mr. Brotzler stated that proposed for 2007 there is still $700,000 in the budget for the program including the seal coating. A suggestion was to consider looking at all the red streets and working on reconstructing the streets based upon available funding and prioritization of further review. He suggested doing a feasibility study to identify the needs based upon the funding and the assessments and then prioritize the streets based upon the conditions. Mr. Brotzler added the preferred approach would be to look at all the streets and prioritize them and bring a feasibility report back for a multi-year project. Council Member Sterner questioned the cost of the feasibility report. Mr. Brotzler responded it depends upon the recommendations desired by the City Council. To put the whole funding package together for funding from the CIP depends upon the amount of assessments a project can generate. He added some may be percentage based and you would catch different dollar amounts. Council Member Baxter stated to take care of streets below 40. Council Member Shoe Corrigan suggested the streets be prioritized and to stay within the budget. The City Council directed Mr. Brotzler to bring a resolution forward to authorize the feasibility study. 3.A. Lot Split Great River Energy (GRE) Director of Parks and Recreation Schultz reviewed the staff report. Great River Energy (GRE) purchased land from Pine Bend Development that is split by Ehlers Path which made the land two separate lots. Since it was a lot split, it was considered a subdivision subject to the City's Subdivision Ordinance. At its May meeting, the Park Commission recommended collecting cash in lieu of land for the parks dedication based on the City's Fees and Fee Policy. GRE met with staff to raise issue with the cash dedication amount based on the Fee Policy. Mr. Schultz stated after several discussions with representatives 1 1 from GRE regarding the fees, the Parks Commission recommended that the City collect $180,000 in fees for the lot split. Council Member Sterner inquired the last time the City made a special rate for a lot split. Mr. Schultz stated the lot split was not typical and that normally the City does not have this type of claim. Council Member Baxter was in agreement with the recommendation but suggested the basis be due to the uniqueness of the situation. Council Member Sterner preferred to keep the 7.9 acres as park land fmdung it to be more valuable land for the City using it for a park purpose. The consensus of the City Council was to collect cash in lieu of land for the parks dedication fee. Additional Updates Cycle Billing Conversion Overview Finance Director May explained the cycle billing process. He noted the change would not affect the meter reading programs. Mr. May stated the Finance Department will work with Communications Coordinator Cox to provide notification to the residents of the con change through the City News brochure, Cite Website and press releases in the local papers. Residents will also be informed with letters of explanation included with bill statements until all cycles are fully in place. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 9:29 p.m. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL REGULAR MEETING OCTOBER 17, 2006 CALL TO ORDER /PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a City Council Regular Meeting was duly held on Tuesday, October 17, 2006, at 7:30p.m. in the Council Chambers at City Hall, 2875 145 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 Verbmgge, Community Development Director Lindquist, Ciry Attorney LeFevere, City Engineer Brotzler, Chief of Police Kalstabakken and Recording Secretary Hanson. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge noted the addiuon of Consent Agenda Item 6.k. Bioscience Zone Application; a Resolution relating to Interim Use Permits; amending CID" Resolution 2005 -135 to the New Business Item 9.c.; and a correction to the resolution in Consent Agenda Item 6.i. Motion by Droste to approve the additions and corrections to the Agenda. Second by Shoe Cor iga n. Motion Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS a. Special Event Update Haunted Woods Trail. Parks and Recreation Director Dan Schultz approached the Council. He reported that this is the 24' year that the City of Rosemount has had a Haunted Woods. This year it is taking place on October 28, 2006, from 6:OOp.m. 8:00p.m. in Central Park for preschool to middle aged children. Mike Bouchard, chairperson of the Halloween Committee, gave a report of the activities. The Halloween Committee started 24 years ago and at that point, the Haunted Woods was a small trail. In 1991, the big blizzard made all activities cease for 11 years. In 2002, activities resumed and since then, the numbers have doubled. This year, 2400 -2600 people are expected. The Committee consists of 43 people who start planning in April. Next year is the Committee's 25t anniversary. There is no cost to attend the Haunted Woods Trail; it is free will donations. Mayor Droste thanked Mr. Bouchard for his leadership and years of commitment. 1 1 1 CONSENT AGENDA a. Minutes of the October 3, 2006 City Council Proceedings b. Bills Listing c. Acquisition of Easement -Old County Road 381132 Court West Street Utility Improvements, City Project #3B7 (Soo Line Railroad Company) d. Acquisition of Easement GlenRose of Rosemount, City Project #397 (Hidden Valley) e. Authorize Preparation of Feasibility Report Street Improvement Program, City Project #410 (Resolution No. 2006 -107) f. Change Order #1 Old County Road 38/132 Court West Street and Utility Improvements, City Project #387 g. Payment #9 Final Glendalough 6 Addition Street Utility Improvements, City Project #395 h. Payment #12 Final Glendalough 5 Street Utility Improvements, City Project #389 i. Special Assessment Deferrals (Resolution No. 2006 -108) j. Great River Energy Lot Split, 05 -23 -LS (Resolution No. 2006 -109) k. Bioscience Zone Resolution (Resolution No. 2006 -110) Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve Consent Agenda items 6.a. through 6.k. Ayes: 4 DeBettignies, Shoe Corrigan, Droste, Baxter Nays: 1 Sterner. Motion carried. PUBLIC HEARINGS a. Assessment Hearing 2006 Pavement Management Project, City Project #396. At the 9/19/06 meeting the Ciry Council declared costs and called for the Public Hearing to consider the assessments for the 2006 pavement Management Project, City Project #396. The total project cost is $1,341,579. $582,305 is proposed to be assessed to adjacent properties as shown on the assessment roll. The project will be assessed over a 10 -year period at an interest rate of 5.9659' Project Engineer Kevin ICiwlcwski presented the following slides: the project area of Broback Addition and Edwin Rahn Addition V', 2n° and 3' proposed improvements and project costs; funding assessments and how the proposed assessments compared with the actual assessments. City Attorney LeFevere provided a brief overview of the public hearing process and process for appeal. Mr. LeFevere explained to the public that if anyone wanted to preserve their legal right to go to court, a written objection needed to be file at tonight's meeting. Mr. LeFevere further explained how to file a written objection and notice of assessment with the City and the Court. Deadlines were explained in the notices sent to the residents. Mayor Droste asked the Council for any questions or comments. There were none. Mayor Droste opened the Public Hearing at 7:48p.m. 1 Dawn Young, 3565 148 Street, Rosemount, Minnesota 55068, asked if the City's proposed assessment went down for the Edwin Rahn Addition then why weren't the individual assessments reduced as in the Broback Addition. City Engineer Brotzler replied that the City has a set rate in the fee resolution for full street reconstruction which is charged regardless of whether the costs are higher or lower. It is the practice and policy of the City that the amount stays at the $4400 rate because of the consistency of those types of project. The northern part of the project was on a percentage basis and those types of projects utilize an amount of 35" o of cost. Ms. Young then asked about the criteria for changing some curbing on 147 Street whereas on 148' Street, all of the curbing was replaced. Mr. Brotzler stated that the two areas were built at different times and on, 148th Street, the stoma sewer system needed to be completed in the entire area. Mts. Young stated that the storm sewer was re -done in a previous year and the residents were assessed for the storm sewer at that time. She asked why they were being assessed again. Mr. Brotzler replied that this assessment was for the street reconstruction, not for the actual storm sewer. Nis. Young asked the difference and reasoning between the type of curbs in their neighborhood and newly constructed neighborhoods and Nir. Brotzler explained the differences between drive -over curbs and barrier curbs with respect to cost, snow plowing, and drainage purposes. Ted Northwick, 3645 148 Street, Rosemount, Minnesota 55068, approached the Council and stated that he lived on 148t when the storm sewer was put in, then the sewer and water, and now the street reconstruction. He stated that 148t Street was not as torn up as around the corner, but 148t Street was assessed at a higher amount. Mr. Brotzler again stated the City has a set rate in the fee resolution for full street reconstruction. Mayor Droste questioned whether or not owners are assessed for spot repairs on storm sewers and Mr. Brotzler answered that they are not. Council member Shoe Corrigan asked if staff had checked on the amount of the previous assessments for the stonn sewer and Mir. Brotzler replied that he hadn't. Council member DeBettigies questioned the residents if 148t was they felt the road was totally reconstructed. vIs. Young and Mr. Northwick replied that the surface was down to the dirt but nothing was dug up. Dave Stapf, 3568 -3570 Upper 149th Street, Rosemount, Minnesota, has lived at this address for 25 years. During the first 10 years, the home was used as a duplex. Now, Mr. Stapes mother -in- law lives there and it is not a rental. Mfr. Stapf is being assessed $8800 because of the two addresses /driveways. He asked the Council if there was any way to have his assessment reduced in light of the fact that it is no longer a rental, but actually one unit. Attorney LeFevere stated the question is not whether it's rental property or a separate family unit but if it is zoned R -1 and is not a sub dividable lot. Mr. Stapf replied chat they have opened the house up and taken the separating wall out. Attorney LeFevere then stated the property should be treated as an R -1 single family unit. There is no requirement to provide notice to the City. If it is no longer a duplex, then it should be treated as a single family unit. He advised the Council that the resolution can be adopted tonight leaving out this particular parcel if they so wish. Mr. Brotzler asked how many driveways were on the property and stated that the City's assessment policy states that if there are two driveways then it is considered two units. Mfr. Stapf confirmed that there are two small driveways. Council member Shoe- Corrigan asked what the City ordinance actually says on ghat is determined as a multi-family unit. Attorney LeFevere replied that if it is a single family dwelling with two driveways, both driveways are assessed. Council member DeBettignies asked Nfr. Stapf if he filed for permit when he removed the hallway between the two units. Mr. Stapf replied that he did not tile For a permit. Mfr. Brotzler told the Council they could consider reducing the assessment from $8800 to $4-400 plus cost of the new curb and apron for the second driveway. Mayor Droste suggested continuing with the public hearing and discussing this particular issue later. Don Rathbone, 3606 148 Street West, Rosemount, Minnesota 55068, stated he still hadn't heard an answer from the City Engineer on what the City had done on 148'" Street compared to the rest of the streets. Mr. Rathbone stated he was assessed $4,400 for a new street surface and three fire hydrants. Mayor Droste stated the City has one firm cost for complete reconstruction of streets. Having the $4,400 as the flat assessment, the advantage is where there is more work to remove unsuitable material, these owners throughout the whole addition have the same product. Croy Administrator Verbrugge clarified that the assessment isn't necessarily based on the amount of work that is done but based on the value of the finished project to the homeowner. Assessment rates are based on the assessment of having a new road installed. Mr. LeFeverc stated that he understands the concerns of this particular neighborhood that there was less sub -work done. However, the owners are not paying more than their fair share because their share is not increased by this assessment; the amount would stay the same even if there were good soils everywhere in the neighborhood. Ted Northwick, 3645 148'" Street, Rosemount, Minnesota 55068, approached the Council again and stated that when the storm sewer was installed in 1973, he gave an easement to the City over his property line to Chippendale Avenue. The City, at that point, told him he would never have to pay another dune. They had a water problem down the slant, and no one else had to pay for that because it wasn't affecting the other residents. Gerry Goodrich, 3545 148' Street, Rosemount, Minnesota 55068, asked where it states that if a resident does not need the project, then the resident does not have to pay for it. Attorney LeFevere stated the legal limitation on the ability of the City to charge an assessment is based on the benefit to the property. If the value of the property is increased as a benefit of the project, then an assessment can be charged. Mr. Goodrich stated this project was all re -done in 1971, in 1972 they put the sewer in through the whole project, and in 1973 they installed the storm sewer. Council member Shoe- Corrigan restated that this assessment is only for the new road, not the storm sewer. City Administrator Vetbrugge explained that the pavement management project is the Cin's system to rate the condition of the streets. The streets having the complete reconstruction are essentially streets that failed the rating. Total cost is part of a levy spread out over the whole community to improve the street system. The City rates the streets on a year -to- year basis. Mayor Droste stated this system is to insure that streets are kept in well- maintained order to get longer Life out of the City streets. Council member Shoe- Corrigan stated that the Croy now has a practice to have a set program even- year for street reconstruction, so everyone has an opportunity to have their street reconstructed. Roger Peterson, 3625 148 Street West, Rosemount, 55068, stated that the residents are trying to explain that they are paying for the storm sewer twice. They believe their assessments should be discounted because they paid for the storm sewer when it was fast installed, and now are paying for it again on every water bill. Mr. Brotzler responded that yes, in theory they are paying twice, but the smaller amount is going toward the storms sewer fund for new systems in existing neighborhoods and maintaining the storm sewer systems in the community, but it a small percentage of what it actually costs to maintain the systems. Mayor Droste stated that it is unfortunate that some of the residents moved into the City when new systems were being 1 1 1 implemented and the City did not have a maintenance program in place. Even people in a new home pay some assessments that go towards paving for the repair of older homes. Dawn Young, 3565 148' Street, Rosemount, Minnesota 55068, asked what the rating was for 147 and 148i Streets. Mfr. Brotzler replied that the average across the neighborhood was 31 and reconstruction begins at 39. The northern neighborhood, Broback Addition, was over 40 in rating. City Administrator Verbrugge clarified the scale for rating. Ms. Young asked how long seal- coating lasted. Mfr. Brotzler explained that seal- coating lasts 3 -5 years and 12 -15 years in the life of the pavement. He stated he didn't think seal coating on 148 Street was ever done. Joe Zanntiller, 14886 Cimarron Avenue, Rosemount, Minnesota 55068, approached the Council and asked how the assessments are established and why they've increased so much over the years. Mr. Brotzler responded that the rate based on market increase to a property was $6000 $8000 and the Council was not comfortable with that high of an increase. Council member DeBettignics stated a majority of the increase is for increased costs in construction, petroleum increases, etc. City Administrator Verbrugge stated assessments are based on benefited value, not on materials. Mayor Droste reconfirmed Attomey LeFevere's instructions for residents to provide written objections at tonight's meeting will preserve their right to file a notice of appeal within 30 days and 10 days after that with the court. Recording Secretary will accept written objections. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5. Nays: 0. Motion carried. The public hearing was closed at 8:52p.m. It was decided that the City will work with the homeowner located at 3568 -3570 Upper 149th Street, Rosemount, Minnesota 55068, to determine whether in fact the property has ceased to be a two unit dwelling and to determine what the incremental cost of more than one driveway apron installed. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt a resolution adopting the assessment roll for the 2006 pavement management project, City Project #396, excluding 3568 -3570 Upper 149th Street. (Resolution No. 2006 -111) Ayes: Shoe Corrigan Droste, Sterner, Baxter, DeBettignies. Nays: 0. Motion carried. 1 1 1 Mr. Brotzler reported the assessment statement will be mailed to all owners. They have 30 days to pay the assessment without interest and after 30 days the assessments are filed with Dakota County. Motion by DeBettignies, Second by Shoe Corrigan. Motion for Staff to work with the homeowner at 3568 -3570 Upper 149 Street, Rosemount, 4nnesota, 55068, to determine whether in fact the property has ceased to be a two unit dwelling and to determine the incremental cost of the new apron on the driveway. Ayes: 5 Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: 0. Motion carried b. Assessment Hearing GlenRose of Rosemount Street and Utility Improvements, City Project #397. City Engineer Brotzler presented this item. At the 9/19/06 meeting the City Council declared costs and called for the Public Hearing to consider the assessments for the GlenRose of Rosemount Street and Utility Improvements, City Project #397. The total project cost is $1,639,356. Mr. Brotzler presented an updated project cost and funding summary of the total amount. $90,168 is proposed to be assessed to adjacent properties as shown on the assessment roll. This proposed amount to be assessed is $46,568 more than the amount proposed to be assessed in the feasibility report. The increase in the assessment amount is directly related to increased easement acquisition costs for the project. The project will be assessed over a 10 -year period at an interest rate of 5.9659 -o. Staff recommends that the City Council adopt a resolution adopting the assessment roll as presented. Mr. Brotzler asked the Council for questions or comments. Council member Baxter asked who we acquired the easements from. Mr. Brotzler responded Rosemount Woods Manufactured Home Park, the Lucking property, the Gramsey property, the Peters property and the Franz property. Council member Shoe Corrigan asked for clarification on the acquisition process: the owner is paid for the easements and then they charged the cost of the project. Mr. Brotzler confirmed that is correct, the additional costs of the construction. Council member Shoe Corrigan asked what the costs of the easements were that the City paid to each of the property owners. Dlx. Brotzler replied Lucking $20,500, Gramsey $18,600, Peters $7,300, Franz $20,000 and Hidden Valley SPC, LLC $37,800. There were no other questions or comments from the Council. Mayor Droste opened the public hearing at 9:11p.m. Todd Franz, South Metro Auto Broker, 13940 Robert Trail, Rosemount, Minnesota 55068, approached the Council with three issues. 1. He thinks it is disingenuous that it is made to appear that the City pays 504b of acquisition costs because it does not. He feels it should have been paid when the trunk line was brought over to the armory and now they're pigging- backing it onto this project. In the breakdown, the fees are based on a percentage. The acquisition costs breakdown differently. 2. Regarding the assessment amount, Mr. Franz's property is being assessed $36,400. The fees for the permits will be another $12,000, and he will have to pay a 1 1 contractor to frame the sewer and water lines to both units. He currently has one well and one septic system. He stated that when they installed the septic system for the 5 unit building down the road in 1995, he paid $1,600 and now fir. Franz is being charged $36,400 for a nvo unit. Mr. Franz stated that his property is a non conforming use and was downgraded by the Council to a residential property. He has a business and a home and feels that if he was to sell, he could not recover any money from the sewer project. He does not sec how his property is benefited from the sewer and water. 3. The GlenRose developer paid $475,000 for 76 wets which breaks down to $5,000 per unit, while Mr. Franz has to pay $36,500 for only two units. In response to Mr. Franz's statement, Mr. Brotzler replied that if you took the project costs without the acquisition costs and divided it by the number of units, the per unit basis was used for the improvement costs. For the easement acquisition costs, prior co these property owners requesting this project, the developer had planned to run the sewer and water along the TH 3 right -of -way and only after these properties expressed desire to have city sewer did the City look into the easement acquisition costs. On the sewer and water connection, connection fees are in the City fee resolution. The time period was two years for an owner to connect to city water and has been extended to 11) years. As for the assessment amount for sewer connected to the apartment building, Mr. Brotzler stated he could not respond as to the accounting practices at the time the connection was installed. Mr. Franz stated that the City paid 509-„ but they paid 5094 for 1/3 compared with 37 3rds with the developer. Mr. Franz wondered what GlenRose had anything to do with acquisition costs for the trunk line to the armory. Mr. Brotzler replied that if the City had extended sewer and water to these properties without the GlenRose development included, the costs would be much higher. Acquisition costs were evaluated on an individual basis based on improvements made to that area. The projects were added together to lower costs. fir. Franz stated when he went to court for the condemnation hearing, it was determined that if the City put the pipeline 5 feet over, they would not have had to pay $20,000 for an easement. He still wondered why his assessment for two units was at $36,500 while the assessment per unit next door was $5,000 per unit according to information from Project Engineer Morgan Dawley. Council member Shoe Corrigan asked for an explanation of the difference between the GlenRose unit assessment and Mr. Franz's assessment. Project Engineer Dawley approached the Council. He stated when Mr. Franz inquired as to the developer's contribution, contrary to what he stated the numbers did not include acquisition costs; the numbers w ere not a complete representation of what the developer's contribution was. It amounts to approximately $6,800 per unit for sanitary sewer and water. The developer has a lower rate because of staff interpretation that part of the reason this project was done in this area was at the request of the homeowners. The total cost for the project to the developer per unit comes out to approximately $15,000 per unit. $1,2(0,1100 reflects the entire cost of the project including streets, etc., but we are only assessing the cost of the improvements with respect to Mr. Franz's property. Mr. Franz asked that if the actual costs of acquisition and city water for the developer is a little over $6,800 per unit, why isn't it fair between owners? Mr. Brotzler stated that had the project not provided water and sewer to these properties, the city would not have had to acquire the easements and consequently, no acquisition costs would have been incurred. 1 1 Tom Lucking, 13830 South Robert Trail, Rosemount, Minnesota 55068, approached the Council and stated that he did not receive $20,000 for an easement. His property value went down and he received 50%. He tried hooking up to the sewer in 1995, and the City at that time did not allow it. Mr. Lucking asked how touch of the acquisition costs were for the sewer that they didn't get before. Mr. Brotzler stated $11,400 was for the new easement area beyond existing sewer line and $8,900 for compensation for past use of the sewer. Mr. Lucking stated that his neighbors have no frontage on this property and they got assessed $12,000. Mark Lucking, 13830 South Robert Trail, Rosemount, Minnesota 55068, approached the Council and stated he's been in construction for 20+ years. His impression from what he's heard so far is someone dropped the ball, and easements weren't recorded. Mr. Lucking asked how City water benefited him when he can't even hook up to it. Mr. Brotzler confirmed the easement in 1995 did not get recorded. For those easements the City acquired for this project, the City attempted to recognize that if there was an easement there, the acquisition costs would have been considerably less. Todd Franz, South Metro Auto Broker, 13940 Robert Trail, Rosemount, Minnesota 55068, approached the Council again and asked why Rosemount Woods is not involved in the costs when they have frontage on the whole project. Council member Baxter wondered why he was hearing two different things people saying they didn't want sewer and water installed and Mr. Brotzler stating that people requested it. Mr. Brotzler clarified that the Peters property is the one that originally requested and Mr. Franz expressed desire for the project. .Mr. Franz acknowledged that he supported the extension of sewer to his property. As far as the benefits, there is benefit and value to the property for having City water capabilities Tom Lucking, 13830 South Robert Trail, Rosemount, Minnesota 55068, approached the Council again and stated that his property value went down $22,000 according to the City's appraisal because of the easement. When an appraiser does an appraisal, evaluates the before and after effect of a project and looks at what the Cinv is proposing v,ith the piece of land, the amount for the casement acquisition is to replace the property value lost for the restriction the easement places on the property. Todd Franz, South Metro Auto Broker, 13940 Robert Trail, Rosemount, Minnesota 55068, restated that his property should be assessed at a rate lower than the 5 plex down the road. There was no further public comment. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5. Nays: 0. Motion carried. Mayor Droste asked Council members for comments or questions on the matter. Council member Shoe- Corrigan addressed the issue of the easements that should have been paid at the time of the armory sewer project and what amount would have been paid at the time. Mr. 1 1 1 Brotzler stated he did not have any background on the amount of the assessments at that time. From an easement standpoint, on the Lucking and Gr:unsey property, there is an existing sewer line to provide sewer to the Community Center. For the easement area that the City secured in total from the Luckings and the Gramseys and for the portion of the Rosemount Woods facility going to the north, the sewer easement in 1995 would not have been wide enough to gain sewer access. 75% of the total area of the easement that could have been assumed in 1995 is a City cost. The developer pays 12.5 °%o of the remaining total and the other 12.5% is split among all five property owners. Council member Shoe- Corrigan asked about the residents referring to the drop in value of the property. .Attorney LeFevere stated the easement acquisition and property assessments are two different issues. The property is valued after the easement and before the easement and the owner is owed the difference. After the acquisition is concluded, the landowner is made whole. The easement reduces their property value and they've been paid that. The Ciry then puts in a sewer system and this increases the value of their property. It happens to be in the same easement, but it does not have to be. Council member Baxter asked Mr. Brotzler to explain the location of the easement on a diagram and asked if the cost of putting the easement further north was part of the project cost. Mr. Brotzler stated 100% of the cost for the easement on the Hidden Valley property to the north for the existing sewer line is being paid by the City because it should've been done in 1995. The only thing being assessed to property owners is 12.5% of the easement cost for the Hidden Valley easement that is new with this project which amounts to approximately $6,000. Mayor Droste stated that the City does not know what past council members did with the assessments in 1995. The City could lower the current fee rate on an annual rate but the tax payers would have to pick up the additional cost in the long run. Council member Baxter stated his opinion that it doesn't seem right to assess these property owners for what did not happen in 1995. Council member Sterner suggested Council table this item to a later meeting to digest all of the information. Council member Shoe- Corrigan agreed and asked about the background zoning of Mr. Franz's property and why he was being assessed for two hook -ups. Mr. Brotzler responded that the determination of the hookups does not have anything to do with the zoning, it has to do with the fact there are two buildings. Council member Baxter commented that this is the same issue that was presented to us on the County Road 38 matter on the issue of two hookups. If an owner has two buildings and wants two hook ups, the value far exceeds the cost. City Administrator Verbrugge asked about the deadline of certification of assessments to the Count. He suggested Council take a 10 minute break to research the deadline requirements. The Council meeting reconvened at 10:23. Attorney LeFevere confirmed that the certification deadline with Dakota is November 30, 2006. 1 1 It was decided to continue the public hearing to the next City Council meeting on November 21, 2006, kith a special work session on November 1, 2006, at 6:30 p.m. Notices should be mailed to the property owners. Motion by DeBettignies. Second by Sterner. Motion to continue the Assessment Hearing GlenRose of Rosemount Street and Utility Improvements, City Project #397, to November 21, 2006, and discussion to a special worksession on November 1, 2006. Ayes 5 Nays: 0. Motion carried. c. Application for On -Sale Liquor License and Special Sunday License, McDivots Sports Pub and Eatery (:lief of Police Kalstabakken presented this item to the Council. A liquor license application request has been made by MSPE, LLC who ill be the new owner of McDivots Sports Pub and Eatery located at 14550 South Robert Trail. an application was received on 9/20/06 for a new on -sale and special Sunday Liquor License. The application was submitted based upon the sale of McDivots to MSPE, LLC. MSPE, LLC has completed the required application forms and paid for a prorated license to be effective upon approval. They will also he applying to the State for an Optional 2.a.m Closing license. The Police Dept conducted a background check of the applicants and investigated their other businesses held in Minnesota. There were no violations of liquor laws found to have occurred at other licensed establishments owned or co -owned by the partnership. The persons listed as partners were all found to be free of criminal record. Staff recommends approval of the On -sale Intoxicating Liquor License and Special Sunday Liquor License for MSPE, LLC at 14550 South Robert Trail, Rosemount. Mayor Droste invited the applicant to come forward. Ryan Wentz, Operating Partner for MSPE, LLC, approached the Council and stated how excited he is to be part of the community. Mayor Droste opened the Public Hearing at 10:30 p.m. There was no public comment. Motion by Droste. Second by Baxter. Motion to close the Public Hearing. Ayes: 5. Nays: 0. Motion carried. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the on -sale liquor license and special Sunday liquor license to MSPE, LLC for property located at 14550 South Robert Trail. 1 1 1 Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: 0. Motion carried. OLD BUSINESS. None. NEW BUSINESS a. Industrial Districts Zoning Text Amendment for the GI- General Industrial and HI- Heavy Industrial District, 06- 33 -TA. Community Development Director Lindquist presented this item. This item was initiated by sniff with the purpose of amending the General Industrial District, creating a new Heavy Industrial District, and amending the definitions for Heavy .Manufacturing, Outdoor Storage /Display and Recycling Operation. It was previously before the City Council during work sessions on August 9, 2006 and September 13, 2006. During those meetings, staff and the Council reviewed the proposed amendments, the timeline for Council action, and discussed how these changes could impact existing businesses. The Planning Commission held public hearings on this item during their regular meetings on July 25, 2006 and August 22, 2006. At the conclusion of the public hearing in August, the Commission recommended adoption of the ordinances as provided in the attached. Ms. Lindquist explained the issues remaining with some of the business owners, that being setbacks and building height requirements. The Planning Commission wanted to review structures over a certain height and wanted to require conditional use permits. Trucks would be considered outside storage. It is staft's opinion that these text amendments do not make any existing land uses non- conforming. They will be conforming in that they are allowed on the site. Setback and height changes could make some structures non conforming. If there are existing non conformities, this amendment may further then. If a property owner does have certain non conforming structures, the City would typically try to bring the site more into conformance during a planning review process, depending on the level of the non conformity. Outdoor storage is an issue for some businesses. Planner Lindahl has met numerous times with property owners on topics raised by various land owners. CF Industries sent a letter regarding the rezoning and concerns about setback issues and height requirements. Ms. Lindquist explained that staft's position to items raised in the letter. Letters were received today from CF Industries, Wayne Transports, CHS, and Bay and Bay. One other letter was provided to the Council from Flint Hills Resources dated 10/16/06. Mayor Droste asked the Councils for questions and comments. Council member Shoe Corrigan in making reference to the letters received today asked about the 10". building requirement in the ordinance and the screening requirements. Ms. Lindquist stated that the 104"0 building requirement is in the existing ordinance and the new ordinance 1 1 simply continues the same requirement. The businesses do not have to complete the required screening right away; with the ordinance change it would be considered an existing non- conformity. The City would look to bring the site into more conformity through a development review process.. Mayor Droste invited brief public comment even though this was not a formal public hearing. Scott Dohmen, CF Industries, Inc., 5300 Pine Bend Trail, Rosemount, Minnesota 55068, approached the Council. He stated that CF Industries needs their whole facility to he heavy industrial and they would like the comprehensive plan changed. They pay a lot of tax money and they are good citizens and would like to continue operating their business with the possibility of expansion.. Todd Phelps, Leonard, Street Deinard, 150 South Fifth Street, Suite 2300, Nlinneapolis, Minnesota 55402, representing CF Industries, Inc. approached the Council and nude reference to page 146 of the packet regarding permitted uses "(2) blend, store and distribute chemicals or fertilizer They had requested that the "and" be changed to "or Their second issue was with respect to the multiple zoning classifications, in terms of combining the parcels. CF Industries purchased the property in the 70s and they have no current business plan to sell off separate parcels. Minn. Stat. 272.46 does not allow separate tax parcels to become one tax parcel if a section line is crossed. Council member Baxter stated that in changing the "and" to "or the City does not want anybody to just distribute chemicals. Mr. Phelps stated he does not know how to do the text to conform with CF Industries business other than look at the business and make them entirely heavy industrial. Ms. Lindquist commented that the reason the "and" to "or" has not been changed is the City is not interested in promoting tank farms or merely distribution businesses. This was a conversation that the Planning Commission also had during their meeting and they felt the current language was sufficient. Mike Nolan, CHS Transportation, 3290 140t Street, Rosemount, Minnesota 55068, thanked the staff and Mr. Lindahl. They have sent a letter expressing their concern with expansion of their outdoor storage sites. They do have undeveloped portions of property they acquired in 2002 with the intention of expanding. Council member Baxter stated he did not understand Mr. Nolan issue as the trucking company will be larger than the 30 limitation and they would not be able to expand in the future. Mayor Droste stated the City would try to bring them into code at the time they wish to expand. Ms. Lindquist stated it would require a variance from the outside storage requirement. Council member DeBettignies asked CHS how much land is undeveloped and Mr. Nolan replied about 1.5 2 acres of green space is available. Council member Sterner asked if the Planning Commission factored the air cargo facility into this matter and Ms. Lindquist replied that this only involved properties currently zoned general industrial. 1 1 1 Dave Anderson, Bay and Bay Transfer Co., 3686 140 Street East, Rosemount, Minnesota 55068, stated they have six acres remaining to expand their business. Their concern is the ordinances and different zonings looking toward the future and in the event the air cargo does come to Rosemount, they will need to expand their business to accommodate the extra business. Trucks and trailers should be excluded from outdoor storage. Council member DeBettignies how the City adjusts the ordinance to accommodate these businesses since this is prohibiting therm from expanding. Ms. Lindquist stated that the Council's primary goals is to increase the tax base and a business with a small building with a large area of outdoor storage does not create a large tax base. It is staffs understanding that the 10% building coverage requirement was prompted by businesses such as trucking rums that have more outside storage than building. Council member Shoe Corrigan stated the need to balance current businesses with attracting future businesses. The City could look at these businesses on a case by case basis on the possibility to expand. City Attorney LeFevere stated that under the current proposal, there is no expansion for these businesses. In New Brighton, their ordinance allows for a non conforming use permit. The Council could allow for expansion if the non- conformities are reduced to the least amount. Council member DeBettignies would like to discuss developing a non conforming use permit some time in the future, in order to serve the City's existing businesses and Council member Sterner agreed. Motion by Baxter. Second by DeBettignies. Motion to approve the attached ordinances: a. Ordinance amending the General Industrial Zoning District, b. Ordinance creating the Heavy Industrial Zoning District, c. Ordinance amending the definitions for Heavy Manufacturing, Outdoor Storage /Display and Recycling Operation. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste, Sterner Nays: 0. Motion carried. Motion by Baxter. Second by Shoe- Corrigan. Motion to adopt a Resolution authorizing publication of Ordinance No. B -174 amending Ordinance B, the Zoning Ordinance related to GI General Industrial District, Ordinance No. B -175 amending Ordinance B, the Zoning Ordinance creating a new HI Heavy Industrial Zoning District, and Ordinance No. B -176 amending Ordinance B, the Zoning Ordinance creating new definitions for terms heavy manufacturing and outdoor storage /display and amending the tent recycling operation. (Resolution No. 2006 -112) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: 0 Motion carried. 1 b. General Industrial District to Heavy Industrial District Rezoning, 06- 46 -ZA. Conununin Development Director Lindquist presented this item that was initiated by staff for the purpose of rezoning selected parcels from GI General Industrial to HI Heavy Industrial in coordination kith the industrial districts text amendment process. The selected properties are located north of 140' Street, south of 120' Street, east of Blaine Avenue (County Road 71) and west of the Mississippi River. These properties were selected based on the criteria outlined by the Planning Commission. \Is. Lindquist reviewed the issues with the properties not guided industrial or zoned industrial. Mayor Droste asked the Council for any questions and /or comments. There were none. Motion by Baxter. Second by Shoe Corrigan. Motion to approve an Ordinance rezoning portions of the properties owned by CF Industries, Continental Nitrogen, Dixie Petro Chemical, and Flint Hills Resources from GI General Industrial to HI Heavy Industrial as illustrated on the attached map. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: 0. Motion carried. c. Amendment of Fee Resolution for Transient Merchants. City Administrator Verbrugge stated that as part of the changes to the zoning text amendments last year, Christmas tree vendors fell within the transient merchant category. The recotmnendation before the Council is to amend the rates and fees so that Christmas tree sales would require a $50.00 permit fee and all other interim use permits would require the existing $500.00 fee. Motion by Baxter. Second by Sterner. Motion to approve the amendment of Resolution 2005 -135 schedule of rates and fees for interim use permits for seasonal Christmas tree sales in the amount of $50.00 and all other interim use permits in the amount of $500.00 (Resolution No. 2006 -113). Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: 0. Motion carried. ANNOUNCEMENTS Council member Shoe- Corrigan announced that the Irish boys soccer team is going to the State Championship. 1 1 Council member Shoe Corrigan asked Community Development Director Lindquist about negotiations on the joint access driveway for the library with Dr. Hansen and Less Blake and why the City was unable to reach an agreement. Ms. Lindquist gave a brief timeline: the City met with the County in August; then fonvarded the plans to Dr. Hansen and Mr. Blake on August 24, 2006; at the end of August Dr. Hansen left a voicemail indicating they were interested in working on a shared access for the library; on September 21, Dr. Hansen and Mr. Blake met with City staff about the shared driveway and were given a draft cross access easement for review, driveway; later the City fonvarded a revised draft cross- access easement agreement to the two partners which included additional language based upon the previous meeting for final action. To date, the City has not received any feedback from either Dr. Hansen or Mr. Blake. The County wanted a decision by September 30. hfs. Lindquist assumed they were no longer interested when she hadn't received any information. She contacted Mr. Blake before contacting the COMM. Ultimately letters were sent to Dr. Hansen and Mr. Blake explaining that the library plans would be modified since we hadn't heard from them or received a signed easement. She had not heard any response to the letters. The City is moving forward with the library board with the revised site plan. Mayor Droste presented the upcoming calendar: Parks Commission meeting October 23, 2006 Planning Commission meeting October 24, 2006 at 6:30p.m No Work session on October 25, 2006 Special work session on November 1, 2006, at 6:30p.m. Haunted Woods Trail October 28, 2006, from 6:OOp.m. to 8:OOp.m. General Elections November 7, 2006 City Council meeting November 7, 2006, at 8:OOp.m. No Port Authority meeting on November 7., 2006 ADJOURNMENT Mayor Droste moved to adjourn the meeting. Second by Baxter. Ayes: 5. Nays: 0. The meeting was adjourned at 1 L33p.m. Respectfully submitted, Kathie Hanson, Recording Secretary ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION NOVEMBER 1, 2006 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Wednesday, November 1, 2006, at 6:34 p.m. in the Council Chambers at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator \'erbrugge, Assistant City Administrator Foster, Police Chief Kalstabakken, City Engineer Brotzler, Project Engineer Dawley, Finance Director May, Gown Development Director Lindquist, Director of Parks and Recreation Schultz, Communications Coordinator Cox and City Clerk Domeier. ADDITIONS TO AGENDA City Administrator Verbrugge stated there would be two additional updates 1) Conduit Financing for the Scott Carver CAP Agency; and 2) Lebanon Hills Regional Park Stormwater Update. 2.A. GlenRose of Rosemount Assessments, City Project #397 City Engineer Brotzler reviewed the staff report. Pictorial information was provided to show how the funding was split between the City, the developer and the assessable portions to the adjacent property owners. Mr. Brotzler reviewed the tables summarizing the project costs, project funding, sanitary sewer cost per unit, watermain cost per unit, and easement funding breakdown by parcel. NIr. Brotzler noted the sanitary sewer cost per unit was changed to subtract the lift station cost of $84, 200. The cost will be the sole responsibility of the developer. Council Member Baxter questioned the easements and assessable portions of the project. He questioned if it was higher than a normal project. Mr. Brotzler stated easement costs may be higher based upon the scenario of the casement. He described how appraised values are arrived at and noted the amounts property owners are physically compensated come in higher than the actual appraisal. He reviewed the amounts of the easements provided to the subject parcels. Council Member Baxter questioned how to divide the sewer and water. Mr. Brotzler stated sewer and watermain costs were figured on a prorated split. He added properties are proposed to be assessed for sewer and water $17,147 per unit. Three properties were assessed only for water because they have sanitary sewer from the 1993 project. Council Member Sterner questioned why in 1993 the properties were not assessed for sanitary sewer. NIr. Brotzler responded that the properties that received sewer service were assessed. It is not know why all five properties did not receive sewer service. Todd Franz handed out a breakdown of the project he prepared. He stated the total project cost is the number he used to prepare his report. Mr. Franz stated that this project is only being done for the benefit of the developer. Mr. Brotzler stated the original plan to serve the development with sewer and water did not include extending sewer and water service to the five adjacent parcels. It was only after it was determined that one of the property owners 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION NOVEMBER 1, 2006 had a non compliant septic system and requested City service that Council authorized the development project to include the extension of sewer and water service to the adjacent property owners. Mr. Franz verbally acknowledged his initial support for sewer and water service in addition to another adjacent property owner. Mr. Brotzler also explained the basis for the validity of an assessment and that there is a benefit to the property as a direct result of the improvements that have been made. He added there is an increase in the market value of the property that is equal to or greater than the assessment cost. Mr. Brotzler further stated that an initial review of Mr. Franz's calculations is incomplete as the developer's land acquisition costs are not included in the per unit rate. The reason that the proposed per unit assessment rates are higher is directly related to the easement acquisition costs incurred with a percentage being assessed back to the adjacent benefiting property owners and that the full watermain construction cost is proposed to be assessed to the adjacent benefiting property owners. Council Member Shoe Corrigan questioned why Mr Franz would not pay the same cost as the developer. Mr. Franz stated he wants to pay what the developer paid. Council Member Sterner questioned how the unit is charged. Mr. Brotzler stated that in this case there was one unit assigned for the property. Mayor Droste noted that based upon the Urban Residential zoning there will be value added to the property and property owners will leverage the cost of the utilities should the land sell in the future. Mayor Droste added that because the City designates land uses does not mean the City is out finding a developer to develop the land. Mr. Franz asked Council to review the staff packet and stated the City is setting forth its own agenda. Council Member DeBettignies questioned how the City is setting forth its own agenda and added the comment is a direct blow to the City Council who is directed by state statute as to how to protect the City in how land should be guided as part of the 2020 Comprehensive Guide Plan. Mayor Droste commented in order to follow the law a comp guide plan has to be in place for all land. Mr. Franz requested to be treated like the developer. Mr. Brotzler stated that regarding the land use questions the information was provided in the packet per City Council request from the October 17, 2006 Council meeting. However, the information provided in the packet is not connected to the matter that is being considered. The issues are separate. He further stated from a benefit standpoint, the developer will have a benefit and the assessed properties will also benefit with having sewer and water available to their properties making the property more valuable in the future. Project Engineer Dawley stated the easements included in the feasibility study are an estimated amount of $57,000. Council Member Baxter stated the issue is the easement costs were more than anticipated and the problem is easements were not handled correctly in 1993. He questioned if there was any place the City could look at to pay the easements other than through assessments. Mr. Brotzler responded it would be a City cost. Council Nlember Sterner questioned if there was a compromise from the last meeting. Mr. Brotzler stated a compromise would be to look at the Table 5 assessable cost to see if there is some responsibility of the City to participate in reducing the amount. The remainder of the balance would be split out over the parcels. 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION NOVEMBER 1, 2006 Mr. Gramsey stated he kept a file of the 1993 assessments. He felt he was being assessed twice for the improvements. Mr. Gramsey stated he was told his assessment was going to be a great deal less. Mr. Brotzler stated the easement acquisition cost for the Gramsey property, and therefore the assessment amount, may be different if there had been a sewer easement in place from the 1993 project. Council Member Shoe Corrigan directed staff to review Mr. Franz's report to make sure it was accurate. Mr. Brotzler stated an appeal will need to be filed to contest an assessment amount. He added property owners could go through the legal process to appeal an assessment based on value. Council Member Baxter stated the ambiguity in the costs of the easements for the project. He stated per Table 5 the property owners and the assessable portion for Hidden Valley should be paid out of City funds reducing the cost approximately $23,000. Mr. Brotzler pointed out that while the developer is not being assessed there is fairness in equity that needs to be applied to the developer as a property owner. His suggestion was the City would have to consider taking care of the full of $98,000 for Hidden Valley. Council Member DeBettignies requested to take the full amount out of City funds. The council examined the funding split between the developer, the City, and the residents benefiting from the proposed improvements. The City Council proposed to contribute an additional $49,126. Staff will present the funding information to the City Council on November 21, 201)6. Mr. Brotzler stated from a process standpoint revisions would need to be made and brought back to the City Council on November 21 with an updated assessment roll. City staff will provide property owners with a courtesy mailing. Council Member Shoe Corrigan stated the City should not pay the whole $48,000 for a mistake made by a previous City Council. Mayor Droste added with the price of land and the assessments in going forward there will be more complaints for assessments and cautioned setting a precedent. Mr. Brotzler stated since the project was City initiated it will require a 4-1 vote from the City Council. 2.B. Manufactured Home Park Ordinance Revisions, Case 06 -05 -TA Community Development Director Lundquist provided an update of the Manufactured Home Park Ordinance revisions. Ms. Lindquist provided additional information regarding the 25% cap. She stated City Attorney LeFevere will draft a memo regarding the cap language for the November 21" meeting. Council Member Sterner questioned how the proposed ordinance compares to surrounding communities' ordinances. Ms. Lindquist stated it is similar to the ordinance Apple Valley currently has in place. LaVonne Woodruff represented the residents of the Rosemount Woods Manufactured Home Park. Ms. Woodruff stated the facts are misrepresented for relocation and added that 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION NOVEMBER 1, 2006 mobile home parks within a 25 mile radius only allow new homes into their parks. Council Member DeBettignies questioned the amount of spots available at the surrounding parks. Ms. Woodruff stated she is researching the availability at surrounding parks. Mayor Droste questioned if state codes changed in mobile homes as dramatically as single family home codes. He noted that may be why some older mobile homes may not be allowed into parks. Council Member Shoe Corrigan stated the purpose of the ordinance was to address the need for affordable housing in the community. She stated the ordinance was well written in enhancing state statute to maintain affordable housing in the community. !Crystal Klien, a representative from APAC, distributed a report of other communities' mobile home park closing ordinances. Ms. Woodruff pointed out the losses the mobile home owners would incur if they had to relocate. She suggested that homeowners would be able to purchase the land. Ms. Klien added the stated that Shakopee offered third party compensation to owners. Council Member DeBettignies encouraged Ms. Klien to contact Dennis Ozment at the state level for legislation issues. Council Member Baxter stated affordable housing in Rosemount is important and would like to see a 30 "o cap. Council Member Shoe Corrigan preferred to have no cap and to figure out a reasonable number if the park was ever closed. She added the City is not encouraging anyone to sell the mobile home park but is reacting to comments to have an ordinance in place. Ms. Klien stated through the process more residents have become educated on the issue. Pat Siefert stated the residents of the mobile home park are scared of the proposed cap. Ms. Siefert added that in her opinion it seems the residents are not as important to receive any money but the owners of the park are going to be making a lot of money. Ms. Woodruff stated the owners want their investment protected and do not want to take a huge loss if the park is sold. Council Nlember Shoe-Corrigan stated any homeowner takes a risk when owning property and this ordinance is a good first step in providing some protection. Mayor Droste added the current City Council is committed to having work force and affordable housing in Rosemount. Council Member Sterner stated he was in favor of a 30% cap. After consideration, the City Council was in agreement with the 25% cap and requested that City Attorney LeFevere prepare a memo addressing differences for setting a cap or having no cap on the amount of compensation required to be paid to displaced tenants. 2.C. Discussion of Name for Library 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION NOVEMBER 1, 2006 Community Development Director Lindquist stated the proposed name will go before the library board in November. Ms. Lindquist requested that City Council review the name options listed in the staff report. The City Council Members were asked to state their top two choices for names. The choices were as follows: Council Member Sterner: Murphy Library or Celtic Library; Council Member Shoe Corrigan: Kilcrumreragh Library or Murphy Library; Council Member Baxter: Kilcrumreragh Library or Murphy Library; Mayor Droste: Frontier Library, Pioneer Library or Kilcrumreragh Library; and Council Member DeBettignies: Kilcrumreragh Library. The Council Members also discussed the name Westmeath. Ms. Lindquist will submit the choice of Kilcrumxeragh to the Design _Advisory Committee and if a second choice is needed, Ms. Lindquist will suggest the name Westmeath. City Adnutustrator Verbrugge suggested that the City offer to have a plaque made stating the history for the name of the library. 2.D. 2007 Budget City Administrator Verbrugge reviewed Attachment 1 of the staff report providing a rerun of the proposed budget with the most recent modification. The primary modification was the adjustment for health insurance. He added the online registration costs were moved from the Parks and Recreation budget reducing the levy amount by $15,000. Mr. Verbrugge also reviewed Attachment 2. Finance Director May stated he reviewed the spreadsheet for the general fund through October 17t and projected the estimated revenues. He stated that Cite departments have reviewed the items they will be encumbering which reduces the amount available. Mr. Verbrugge noted the preliminary 2007 budget is $9,196,100. Mr. Verbrugge stated Attachment 3 included the 10 Year Capital Improvement Program. Mayor Droste questioned why the Bloomfield Park Shelter was included in the CIP. Director of Parks and Recreation Schultz stated that per Parks Cotmnission recommendation, $250,000 was place in the 2007 budget for a park shelter. The City Council reconunended that the $250,000 for the shelter be removed from the 2007 CIP. Mayor Droste questioned the quiet zones in 2008. He suggested doing one intersection to get the facts and observe the benefits before doing all intersections. City Engineer Brotzler pointed out with redevelopment in the downtown it would be intended to do a quiet zone in that area first. Council Member DeBettignies questioned the City wide software. Mr. Verbrugge responded that the City was looking at software programs to combine elements used in Cartegraph that could be incorporated throughout the City. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION NOVEMBER 1, 2006 Council Member Sterner questioned the Police Department remodel for 2009. Police Chief Kalstabakken stated with the remodel the booking area would be better utilized and additional office space would be added. Mr. Verbrugge provided the KFS Financial Plan Update. He added that in spring the City would be looking at purchasing /acquiring land for an athletic complex. Mayor Droste directed staff to remove the Bloomfield Park Shelter from the CIP. The City Council was in agreement to go to a bimonthly newsletter. The special work session for November 8 was cancelled. Mayor Droste requested staff to provide a budget update at the November 15 work session. UPDATES 3.A. Scott Carver Dakota CAP Agency Conduit Financing Finance Director May stated the City received application materials for conduit financing from the Scott Carver Dakota CAP Agency. The agency will be making physical improvements to its facility and refinancing current debt for a total approximate cost of $840,000. 3.B. Lebanon Hills Regional Park "LHRP Stormwater Update City Administrator Verbrugge updated the Council on the LHRP Stormwater plan. The County attempted to get funding for the project through state bonding; however, the state did not approve financing for the project. The state noted that the project is a local government issue. Since that time, the technical group comprised of City and County staff has developed a proposed funding scenario. Prior to presenting this scenario to the full elected bodies, a meeting of selected elected officials has been scheduled for November 30 to present the proposed funding scenario. The proposed funding scenario does include participation by Rosemount which would be funded through the Stormwater utility funds. City Engineer Brotzler added the process was developed by a technical group to find a plan all parties can agree how and develop a way to fund the project. Mayor Droste and Council Member Shoe Corrigan were interested in representing Rosemount's part in the technical group. ADDITIONAL UPDATES City Engineer Brotzler stated WSB will provide a presentation on the revised Transit Plan scope at the November 7 meeting. As part of the scope of the Transit Plan, staff is interested in assembling a task force comprised of a Council member and other appointed officials to work interactively in the development of the transit plan. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION NOVEMBER 1, 2006 ADJOURNMENT Mayor Droste moved to adjourn the meeting at 10:31p.m. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL REGULAR MEETING NOVEMBER 7, 2006 CALL TO ORDERIPLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a Ciry Council Regular Meeting was duly held on Tuesday, November 7, 2006, at 8:OOp.m. in the Council Chambers at City Hall, 2875 145" 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, Comnuuutn Development Director Lindquist, City Attorney LeFevere, Parks and Recreation Director Schultz, Project Engineer Day ley, and Recording Secretary Hanson. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA Cit Administrator Verbrugge noted the addition of Consent Agenda Item No. 6.r. Scheduling of Special Meeting to Canvass Returns of 2006 General Elections for City Offices. Community Development Director noted the additional correspondence from Centex with respect to Consent Agenda Item 6.q. Lot Split Administrative Plat Nleadows of Bloomfield, 06- 53 -LS. Motion by Droste to approve the additions and corrections to the Agenda. Second by Sterner. Motion Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None. DEPARTMENT HEADS REPORTS /BUSINESS CONSENT AGENDA a. Minutes of the October 11, 2006 City Council Work Session b. Minutes of the October 17, 2006 City Council Proceedings c. Bills Listing d. Accept Tort Liability Insurance Limits e. Set Public Hearing for Scott Carver Dakota CAP Agency, Inc. Private Activity Tax Exempt Financing (Resolution 2006 -114) f. Resignation of Parks and Recreation Commissioner g. Expenditure Approval from the Donation Account Parks Recreation Dept. h. Receive Donations Parks Recreation Dept. i. 2007 Waste Abatement Community Funding Application (Resolution 2006 -115) j. Change Order #2 Meadows of Bloomfield 1 2 ntl Additions, City Project #351 k. Final Payment #5, Crosscroft 2 Street and Utility Improvements, City Project #388 I. Change Order #1 2006 Pavement Management Project, City Project #396 1 1 m. Individual Assessment 2006 Pavement Management Project, City Project #396 (Resolution 2006 -116) n. Change Order #1 Evermoor Glendalough 7 City Project #401 o. Change Order #1 Crosscroft 3" Addition, City Project #403 p. Rosemount Lions Club Interim Use Permit Christmas Tree Sales Lot Rosemount Market Square, 06- 52 -IUP q. Lot Split- Administrative Plat Meadows of Bloomfield, 06 -53 -LS (Resolution 2006- 117) r. Scheduling of Special Meeting to Canvass Returns of 2006 General Elections for City Offices Motion by Baxter. Second by Shoe Corrigan. Motion to approve Consent Agenda items 6.a. through 6.r. Ayes: 5 DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: 0. Motion carried. PUBLIC HEARINGS OLD BUSINESS NEW BUSINESS a. Approval of Scope of Services for Transit Plan. Community Development Director Lindquist presented this item. During the last year, as the Council discussed the Draft Transportation Plan, there have been discussions about development of a Transit Plan for the Community. Most recently, in September, staff brought a draft scope of services to a Council worksession. The Council provided additional feedback and the revisions were made to the scope, resulting m the item before the Council for deliberation. The Study is broken into six tasks. The total for the project is not to exceed $23,000. WSB is ready to begin upon authorization of the scope of services. Staff has discussed the concept of having an advisory committee to assist in this endeavor. The idea would be that this committee, comprised of one person from the Council, Planning Commission, and Utility Commission, would be brought together on a somewhat formal basis to review the scope and progress of the work being undertaken. This group would assist in evaluating the draft report. It is expected that the group would be brought together at the beginning and end of the study and potentially once or twice during the muddle. Staff would Like to use this smaller group as a sounding board before taking the draft report to the Council and other interested parties. Chuck Rickart, Principal, with WSB Associates, Inc. provided additional information about the Scope of Services to the Council. WSB has met with the Metropolitan Council about their view on the transit plan for the Cirv. Minnesota Valley Transit also needs to be involved with the planning. The Scope of Services includes looking at existing services, transit needs and land uses in the proposed area, the type of facilities needed such as park and rides, and available funding resources and time frames. The final document shall he part of the transportation plan with an appendix plan that goes through all the data received and how it ties into other studies. 1 1 The time frame on completion is six months to gather material and then a couple of months longer to get continents from Met Council. Mayor Droste asked for questions and comments from the Council. Council member DeBettignies asked about the numbers in the task transit needs analysis and Mr. Rickert explained how the numbers were attained and what is involved in the process. Mayor Droste conunented that this matter ties into the City's 2030 comprehensive plan. Tony Heppelman, \'P with WSB Associates, approached the Council. Mr. Heppelman provided an overview of his experience it the transit planning area at \Y'SB and prior to working there. Mayor Droste asked if there is an issue with the east boundary of refineries and the south boundary of a township. Mr. Heppelman replied that in transit planning, the areas with the most density are serviced usually with park and ride facilities. There are ocher available opportunities even though there may not be density through the whole city. Council member Baxter expressed his support of the Scope of Services. Motion by Sterner. Second by Shoe Corrigan. Motion to approve the Scope of Services for a Transit Plan not to exceed $23,000. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: 0. Motion carried. b. Consider Conducting Pedestrian Crossing Feasibility Studies Shannon Parkway north of the Elementary School and at Hwy 3 East of Community Center. Parks and Recreation Director Schultz presented this item. The City has been contacted by residents regarding the condition of the underpass at Shannon Parkway. The residents are concerned about the about the water and snow that collects in the tunnel. They are also concerned about the safety of the underpass because of it not being lit and its physical appearance. Mr. Schultz showed the Council a picture of the current underpass at Shannon Parkway. As a part of the Glen Rose Development, the City required easements on the east side of Highway 3 to allow for the construction of an underpass if the City were to choose that location as the best possible spot for a pedestrian crossing. The City does not have easements on the west side of Highway 3 on property owned by ISD 196. Staff has asked the City's consulting engineer to provide cost estimates to conduct separate feasibility studies for the underpass at Shannon parkway north of the school entrance and for an underpass south of the Community Center under Highway 3. The Parks and Recreation Commission at their October regular meeting recommended the Cin Council spend $23,000 from the park improvement fund and have WSB conduct the feasibility studies. Mr. Schultz reviewed the six different tasks involved in the feasibility studies for each project. 1 1 Council member Sterner wondered how much the Shannon Parkway underpass is currently used and if it is worth repairing. Mr. Schultz stated he did not have any specific numbers but received a fair amount of phone calls from people regarding its condition. One issue is the school does not recognize the underpass as one of their preferred routes for children to walk to school. Council member DeBertignies questioned if partnering with the school district allows an avenue to obtain funding from the schools. Mr. Schultz replied that grant money from the State does require support from the school. Council member Shoe Corrigan asked if the portion of Evermoor residents attending Shannon Park Elementary is known. Mr. Schultz replied that he did not have an exact number but agreed that finding out a breakdown made sense. Council member Baxter stated he is familiar with the area and doesn't feel that the underpass is used very regularly. He asked if the underpass was never constructed in the first place, would the City construct one there today. Mr. Rickert from \VSB responded that it probably would not be recommended. A discussion followed on the option of closing the underpass and if the cost of the feasibility study is worth it if it is only decided to close it. Also discussed was the cost to close it and then the cost of constructing an alternate route. Council member Baxter questioned the chances of receiving funding on the project and Mr. Schultz responded that there is a good chance of receiving support from the school district. Mr. Rickert added that the school districts have a "safe routes to school" program. The school districts want to add money to that program. The Hwy 3 project of a school underpass, and possibly an overpass north of Connemara, may tie the City trails to the project. Council member Baxter stated he was not going to support the project of the Shannon Parkway underpass. Council member Sterner asked why the feasibility study is being conducted at this time. Mr. Schultz replied that the sooner the study for Highway 3 is completed, the sooner the City can receive grants and also, it coincides with the development of the Highway 3 corridor width the GlenRose and CDA developments. He stated that the Shannon Parkway project was triggered by some grants being available and comments received from the public. Mayor Droste asked if any grant funds can be used for the feasibility study and Mr. Rickert replied that the funds can be used for engineering costs but not for preliminary items such as feasibility studies. Council member Shoe- Corrigan stated she would like more information on the Shannon Parkway project before approving the feasibility study such as how much it would cost to close, how much it would cost to move the trail, and where the kids go to school will there be enough walkers in that area to make it worth it. 1 1 It was decided to approve the feasibility study for the Highway 3 project, but not the Shannon Parkway project at this time until more research is completed. Council member Sterner added that he would like the [notion to read "no more than $15,000" so the cost of the study does not exceed this amount. Motion by Shoe Corrigan. Second by DeBettignies. Motion to approve the City spend no more than $15,000 from the park improvement fund to have \VSB conduct the feasibility studies for pedestrian crossings at Highway 3 (near the Community Center). Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste announced upcoming events. The City is closed on Friday, Novemberl0, 2006, in observation of Veterans Day on November 11, 2006. There will be a special meeting to canvass the votes from the General Election on Monday, November 13, 2006, at 4:OOp.m. There will be a City Council work session meeting on November 15, 2006, at 6:30p.m. Pori Authority and City Council regular meeting on November 21, 2006, at 6:00p.m. and 7:30p.in., respectively. Council member Sterner reported that the Rosemount Cross Country team finished second at state. The football team played at state for the first in many years and the band also performed at state. Council member DeBettignies reported there will be a Flint Hills Pine Bend Community Advisory Council meeting on November 13, 2006, from 7:00- 9:OOp.m. at Dakota County Technical College. ADJOURNMENT Mayor Droste moved to adjourn the meeting. Ayes: 5. Nays: 0. The meeting was adjourned at 8:51p.m. Respectfully submitted, Kathie Hanson, Recording Secretary 1 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Monday, November 13, 2006, at 4:04 p.m. at City Hall, 2875 145 Street West, Rosemount, Minnesota. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner present. Staff attending included City Administrator Verbrugge and City Clerk Domeier. NEW BUSINESS 2.a. Canvass of the 2006 Election Returns Cite Clerk Domeier stated the City Council serves as the canvassing board for the city elections. A spreadsheet was provided for examination in declaring the results of the 2006 city general election. Council Member Sterner questioned if absentee votes were included in the totals. Ms. Domeier stated the absentee votes were part of the totals. Motion by Baxter. Second by Sterner. Motion to certify the returns as provided. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING NOVEMBER 13, 2006 ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved to adjourn the meeting 4:08 p.m. Second by DeBettignies. Respectfully submitted, Amy Domeier City Clerk 1 1 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 CALL TO ORDER Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Monday, November 15, 2006, at 6:40 p.m. at City Hall, 2875 145 Street West, Rosemount, Minnesota. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner present. Staff attending included City Administrator Verbrugge, Assistant City Administrator Foster, Police Chief Kalstabakken, Director of Parks and Recreation Schultz, Communications Coordinator Cox and City Clerk Domeier. City Administrator Verbrugge added an update for discussion of the Parks and Recreation Commission vacancy. DISCUSSION 2.A. Presentation by School District 917 John Christiansen and Dan Sullivan represented School District 197. Mr. Christiansen provided information on a facility project they are in the process of developing. He added that District 917 is a special school district that serves the needs of member and non- member school's special education. District 917 is interested in building a school and is working with CDA to assemble land in the Akron Avenue area. Dan Sullivan stated the school district was created by an act of legislation in 1970. The purpose of the district was to provide special education and high school vocation programs. Mr. Sullivan explained how the district handles special education governance and that customers are the school districts in Dakota County. The plan is to replace the Thompson High School located in St. Paul by partnering with the CDA to share property directly north and west of the DC'1'C campus. The proposed facility would accommodate current needs and those of the future. Mr. Sullivan reviewed the elevation plan and noted he has had conversations with the City regarding the code requirements. He also shared the plans for the footprint of the building. The proposed facility is different than a typical school building with classrooms including bathrooms and no after school programs or evening activities. Council Member Baxter questioned if District 196 is a member. Mr. Christiansen stated District 196 was a member until 1996 when they began to offer the same types of services through their own district. Council Member Baxter further questioned how the facility would be funded. Mr. Christiansen stated member districts have levy authority through the legislation. He added that the CDA will incur the debt and District 917 will lease the debt. City Administrator Verbrugge questioned the student population and the types of special services that will be provided. Nfr. Sullivan stated 70 students that currently receive the special education services. The students are assigned a primary disability and that is why the building is designed with reduced sized classrooms. He added the students do not drive to school or hang out on the grounds after school. Mr. Christiansen said the District has a full- 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 time agreement with Dakota County to have an officer on site and the students are always supervised. Council Member Shoe Corrigan inquired how students qualify to attend the school. Mr. Christiansen stated a team decision is made between the school and the member district based upon a student's IEP. After local school districts have exhausted their resources and capabilities to serve certain students they are sent to the District. Council Member Shoe Corrigan questioned the difference between the District and an Alternative Learning Center. Mr. Christiansen stated Alternative Learning Center students typically only have academic deficiencies and do not require special transportation whereas the District students need a controlled environment and are sent based upon an IEP requiring that a disabled student attend a full day program. Mayor Droste questioned the zoning of the proposed site. Mr. Verbrugge responded the proposed location is at the northeast corner of Akron Avenue but not on CSAH 42. The area is composed of commercial and residential zoning. Council Member Sterner questioned the size of the school moving forward. Mr. Sullivan stated the enrollrnent in special education has been constant. The school could accommodate around 1 00 students but the enrollment depends upon the make -up of the students. Council Member DeBettignies stated his concerns with the location of the building due to potential access issues. Mr. Sullivan stated the District will rely on the CDA to work out the access issues with the City during the site plan review process. 2.B. UMore Planning Chuck Muskoplat, Vice President for Statewide Strategic Resource Development for UMore Park, provided a presentation on the future of UMore Park. The site is approximately 12 square miles in Rosemount. Mr. Muskoplat stated the Regents goal is to develop UMore Park in a matter that will further the University's mission. A strategic long -range master plan will be developed that prioritizes the University responsibilities and needs, and considers current regional planning and development issues. Council Member Baxter was curious about the estimated time to complete the project and if it will depend on the market in developing. Larry Laukka, Executive Director, UMore Park stated it will take time to develop and noted the value in developing over a longer period of time. Council Member Baxter stated his admiration for the project and excitement about the vision but he also cautioned that residents in Rosemount have requested that the City maintain its small town feel. NIr. Laukka responded the area is growing and with the unique opportunities of the size and ownership it will fall into the pattern of development. Mr. NIuskoplat stated that residents have stated their appreciation of the small town feel and added this project will help with life long learning. Council Member Sterner questioned if the plan would include indoor and outdoor recreation facilities for the Rosemount residents. Mr. Muskoplat stated that right now the slate is 1 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 blank. Mr. Laukka noted the process will be starting from scratch but there is a considerable amount of open space to the south for different types of facilities. He added that while initiating the planting process it will he a good opportunity to do something initially and should be on the top of the list subject to the interest in the community to do such a project. Council Member DeBettignies questioned when the plan or concept of the vision will start. Mr. Muskoplat stated it was hard to answer but once the Regents are on board there could be a concept plan in mid 2007 that would be incorporated in the 2008 comp plan. Mr. Laukka stated a schedule will be prepared with Mr. Verbrugge of what to expect in 2007 in compiling enough information of should happen to work with the 2U08 comprehensive plan update. Council Member Shoe Corrigan stated the land is not currently on the tax rolls but when development occurs would it be back on the tax rolls. Mr. Muskoplat stated that is the plan. Mayor Droste questioned if when the Sasaki group interviewed people if anyone raised concerns with the proximity to Flint Hills Mr. Laukka stated Flint Hills is an ominous facility with the oil pipeline coming up from the south. He stated they have started discussions with Flint Hills on a number of issues and opportunities but that it was too early to figure out how they can accommodate one other. They may be able to work together in the areas of energy and crop productions. He also stated that Flint Hills' interest in being good neighbors. Mr. Laukka also stated that once the planning mode takes place that the Au Cargo facility option will be on the table. As of right now, it is too hard to predict the placement of the All Cargo facility. Dennis Ozment stated the U has all the right buzz words but he was looking for an explanation of the taxes and whether the U would privatize a good portion of the project. Mr. Muskoplat stated he did not know the answer. Mr. Laukka stated it was an interesting concern and the ambition of the U is to build value for the community and leave long tenn value to the U. Mr. Ozment was concerned about the need for additional facilities for the Ag communities. Mr. Muskoplat responded the plan to continue research on the DNR land. He added approximately 20% of the land will be available for research after development. Mr. Ozment also questioned the need to enhance mass transit. Mr. Muskoplat stated mass transit will be a challenge that will be on top of the priority list but he was not readily able to provide a solution to transportation issues. Mr. Ozment also requested public participation during the comprehensive guide plan proposals. Mr. Muskoplat stated they have been interviewing stake holders and as plans come together they will go through the public process. Mr. Laukka added as the U progresses they will learn more going forward and will go back to the stakeholders to continue interplay with them. Mr. Muskoplat ended his presentation by stating the U will be back in the future with more good news to discuss. 1 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 2.C. Frontier Wireless City Administrator Verbrugge stated Frontier Communications requests permission to install wireless transnutters and supporting equipment on facilities owned by the City to provide wireless Internet service to its customers in Rosemount. Melinda White of Frontier Communications provided information about Frontier Mobile. She stated that Frontier currently serves over 2,000 municipalities. Frontier builds infrastructure and builds networks while focusing on the customer. Ms. White stated Frontier has invested mullions of dollars in Rosemount building upon the current infrastructure. Ms. White stated Frontier is an established network provider. She added Frontier would be offering wireless access throughout the Rosemount area. Ms. White stated the advantages of wireless systems and the benefits of Cid wide wireless access. Ms. White reviewed the fully funded agreement terns for 2006. She stated it is a 10 year agreement. The basis for the 10 year agreement is the level of investment Frontier would be making in the City. The network plan would be completed in 120 days with a guarantee of 90% coverage within two years. Mr. Verbrugge pointed out that the east portion of the City is not serviced by Frontier. He questioned if the coverage would be 90° 0 of the cornrnunity or 9U4-o of the Frontier service area. DIs. White stated the coverage would be for the entire service area. Council Member DeBettignies questioned the outreach of the 14 inch box. Don Bannowitz of Frontier stated the boxes would need to be placed every 1,500 feet. Council Member DeBettignies stated the zones would overlay and questioned if it would cause blackout areas in the plan. Ms. White responded it may be proposed as a low coverage area but they can enhance and scale the network. Council Member Shoe Corrigan question if Frontier would want access to easements for other services and if a service agreement would be provided. Carrie Haley of Frontier stated Frontier is looking for the ability to place the boxes on the pole and pay for the power. Ms. White further stated that a service agreement would be provided. Council Member Shoe Corrigan was concerned what would be provided to the City if the services do not work. Ms. Haley responded that Frontier is taking a technology risk and that wireless technology can be challenging. She stated that Frontier's focus is on the customer. Mr. Vose stated his understanding is the City would be able to become an anchor and lease its property to allow other wireless users to use the facilities. Ms. White stated the different pieces of exclusivity. She added that Frontier would ask to be the only wireless provider. Interference language and some facilities are larger than others and once Frontier installs an access point on a facility then they ask for no interference from another wireless provider. Mr. Verbrugge questioned the extent of the wireless penetration and how persuasive the signal would be throughout the City. Ms. \Vhite responded die DSL box has a wireless 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 modern built in or you could use a wireless router. In terms of businesses having wireless coverage, it will depend upon where you sit inside. Mr. Verbrugge was concerned with the exclusivity of providing service to the City. The Police Department currently uses Sprint /Nextel. He questioned if the agreement were signed would it preclude the City from its exclusivity with Sprint. Ms. White stated that issue would be addressed by language in the agreement. Mr. Verbrugge stated his understanding with the network plan being delivered within 120 of a signed agreement. He questioned if the agreement could be contingent and whether the City could exit the agreement based upon the network plan. Ms. White stated Frontier has not gone down that path and Frontier would tell the City if the plan is not viable. Ms. Haley stated Frontier would start out by discussing the coverage area. Mr. Verbrugge framed the three options of direction in moving forward: 1) Move quickly and bring forward at the December 5 meeting; 2) Continue negotiations and bring hack to the December 13 work session for final decision on December 19; or 3) Let the offer expire based upon the current comfort level and undefined issues and hope for full funding in 2007. Council Member DeBettignies stated he has heard all about the millions of dollars in funding but has not seen any feature benefits. Ms. White stated a wireless network can be utilized in different application. There are certain applications that can be discussed. Council Member DeBettignies stated he struggled with the proposal and the expenses and didn't see any benefits to the residents or business owners. Ms. Haley stated Frontier can assess out where the commercial opportunities are available to enhance then services. Mr. Vose stated quick turnaround on the proposal will be hard work for staff. Mayor Droste requested a list of benefits to the City and the cost savings of applications. Ms. White said that information could be provided. Conununications Coordinator Cox stated Frontier can provide a list of possible services but the services may not directly benefit the City. Mr. Verbrugge stated the need to figure out the best fit for the City. He suggested the discussion be continued to the December 13 work session and brought forward to Council at the December 19 meeting. Mayor Droste requested information regarding the savings to the Police Department, Public Works Department and Parks and Recreation Department. Council Member Shoe Corrigan requested that Frontier provide information on the benefits to the entire community and local schools. 2.D. FTTH /Rudder Franchise Transfer City Administrator Verbrugge stated FTfH, Inc. notified the City of the intention to apply to transfer its franchise to a different investment group led by Rudder Capital Corp. As part of the first step in the transfer process, F1 1H asked the City to waive its right of first refusal to purchase the system. Bob Vose stated in a typical cable transfer of ownership the right of first refusal comes up at the same time the ownership is transferred. He questioned if the City Council was interested in purchasing the franchise and using the right of first refusal. ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 Mike Waldo of FTTH /CPDC provided the background on the FTTH market and expansion. He stated that CPDC found out they are better developers than telecommunication providers. FTI'H will need to go through the PUC to get the transfer done. He added that approximately two years ago FTTH started to look for a buyer and found that Rudder has the same values FTTH possesses. Mr. Waldo was confident that Rudder could take the services to the next step. Ron Nelson of Rudder stated F 1 1 H put together a tremendous thing but spent more money then the return on investment. He added that Rudder was created with the intention of being customer focused. Rudder looks to Rosemount as a place for the opportunity to grow its business and become a member of the community. He stated Rudder is currently leasing space at the Genz Ryan facility but is considering Rosemount as a pennanent home for its company. He added there are areas in which technology changes and there are more opportunuues to improve customer services continually. If Rudder is successful growing its business inside Rosemount it may spread to other locations. Randy Mortensen of Rudder stated the company is a sales and installation company and is customer centric. Rudder currently has about 1,700 installations every week and that number will more than double in the next year. Randy Mortensen Mr. Waldo added that the citizens in Rosemount need to have multiple providers. Mayor Droste questioned if Frontier and Charter also put networks into Eyermoor. He added the commitments from five years ago listed in the franchise agreement were not met. Mr. Waldo discussed the franchise approval process and stated there are way to meet the provisions in the franchise agreement that will not be met in the next 12 months. Council Member DeBetrignies stated that Rosemount residents appear to like the services F'17'H offers. Mr. Vose noted the build out timelines were not set by the City Council. Mayor Droste stated we are two years from 2008 and no expansion has taken place. Mr. Vose stated there could be a modification to the commitments in the franchise agreement in deploying the mechanisms. Council Member Baxter stated he has no interest in the City buying the franchise. Mr. Waldo stated what FTTH can bring to the table as they move forward in the franchising process with the continued commitment to keep their word. 2.E. WSB Contract Renewal City Administrator reviewed the staff report. Mr. Verbrugge noted the three year agreement between the City and WSB was set to expire. He explained that Andy Brotzler would remain the City Engineer and Morgan Dawley would be the Project Engineer for the City and the benefit to the City- having two committed staff persons. The City Council was provided a breakdown of funding for Rosemount services from 2004 -2006. Bret Weiss of WSB Associates stated his appreciation of the relationship established over the years. Mr. Weiss provided a breakdown on the gross value of services provided by WSB. ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 Mr. Verbrugge added he contacted other cities that retain WSB and reviewed the arrangements. He stated Rosemount has a good situation with the dedicated staff. Council Member Sterner questioned the billable hours if both engineers are on staff full- time. Mr. Weiss stated the engineers can bill for developer projects but all other costs are billed in the retainer. He added that Mt. Brotzler's billable hours have been reduced as his position has become more of a management position. Mr. Verbrugge added that Mr. Brotzler serves as an administrative director for the Engineering department and does great work in the management tole for the Public Works deparunent. Mr. Weiss stated Mr. Brotzler carries a heavy stick at WSB for the benefit of Rosemount. Mayor Droste questioned how the City would know they are getting a deal without marketing competition. Mr. Weiss stated the relationship has been built on trust and WSB will stand behind their work. He further added that \VSB is committed to Rosemount and that WSB employees provide a great service to the community. Mr. Verbrugge added a time will come when there will be a need to evaluate the positions to determine if the City Engnucr should be a full -time position. Mayor Droste stated the City Council will need to tackle future staffing needs for all the projects coming down the line. Council Member Baxter stated the process is not broke so do not fix it. He stated the contract tits the City- well. WSB is competitive and has developed a good relationship with the City by not always using the lowest bidder. He further stated that Andy Brotzler is a man of integrity and does a good job for the City with a measured firmness and compassion. If Mr. Brotzler thought the City was being treated unfairly by WSB he would inform the City Council. Council Member Shoe Corrigan echoed Mr. Baxter's comments. Mr. Weiss stated Mr. Brotzler is few and far between and that the City will not find another Andy. He further stated that he would like to be a part of the process when the City begins to analyze the need for engineering staff. Mayor Droste added he is looking out for the long term of the position. Mr. Verbrugge stated the contract will be on the December 5 City Council Agenda. UPDATES 3.A. City Council Appointments to St. Joseph's Church Task Force Director of Parks and Recreation Schultz provided an updated list of 21 applicants to the City Council. He stated the City' Council will designate the City Council representatives. Discussion ensued regarding the interview process. Council Member Shoe- Corrigan suggested expanding the group so that three people would not be excluded. Council Member Baxter agreed the group should include everyone who applied. Mayor Droste directed staff to appoint all applicants. Council Members Baxter and DeBettignies volunteered to serve on the Task Force. Council Member Sterner offered to serve as an alternate. The members will be appointed at the December 5 City Council Meeting. 3.B. Natural Area Mapping ROSEMOUNT CITY PROCEEDINGS WORK SESSION NOVEMBER 15, 2006 Director of Parks and Recreation Schultz provided an update and reviewed the criteria for identification of the mapping of natural areas tin Rosemount. Mr. Schultz added the map does not required Council adoption but will serve as a resource for staff and other groups during the review of development project. 3.C. Holiday Decorations Hwy 3 electrical and purchasing City Administrator Verbrugge discussed extending the lighting of trees along the east side of Highway 3 to CSAH 42 by Kwik Trip. He stated the costs include $7,900 for electrical and $1,600 for decorations. The City Council agreed to the purchasing. Council Member Shoe- Corrigan added that next year the City should add holiday lighting at the St. Joseph Church site. 3.D. 2007 Budget Update City Administrator Verbrugge provided an update on the budget. He noted that gas utilities are down $15,000. Finance Director May stated he received two phone calls from residents regarding their tax statements. The 2006 budget total is operating at 76 3.E. Parks and Recreation Commission Vacancy City Administrator Verbrugge stated with Eric Johnson's resignation there is an opening on the Parks and Recreation Commission. He added that former Council Member Kevin Strayton expressed interest in serving on the Cormnissssion. The City Council directed staff to appoint Mr. Strayton to the Commission for the remainder of Mr. Johnson's term. 3.F. Additional Updates Council Member Shoe Corrigan provided an update on the library meeting held November 15. She stated five new designs were introduced that are better than the original plans. The library open house scheduled for December 12 was cancelled. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 12:05 a.m. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 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, November 21, 2006, 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 Sterner, Baxter, DeBettignies, and Shoe- Corrigan attending. Staff members present were City Administrator Verbrugge, Community Development Director Lindquist, City Engineer Brotzler, Project Engineer Dawley, Senior Planner Zweber, City Attorney LeFevere, Finance Director May, Assistant City Administrator Foster, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated that Item 6.d. JJT Business Park 2" Addition Preliminary Plat and Final Plat, 06 -49 -PP and 06 -50 -FP has been removed from the Consent Agenda to January 16, 2006 along with Item 7.d. JJT Business Park 1" Addition Easement Vacation, 06- 50 -FP. He requested that the public hearing for Item 7.d. be opened to allow for public testimony and continued to January 16, 2006. Mr. Verbrugge stated additional information was provided for Item 8.a. Continued Assessment Hearing GlenRose of Rosemount, City Project #397 and Item 9.a. Manufactured Home Park Text Amendment, 06- 05 -TA. Motion by Droste. Second by Sterner. Ayes: 7. Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 2006 Motion to adopt the Agenda with Item 6.d. removed and with additional information for Items 7.a., 8.a. and 9.a. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Police Officer Oath of Office Police Chief Kalstabakken took great pleasure in introducing Scott Sandell. He stated the hiring process began in August where Officer Sandell exhibited his people skills and writing skills. Mr. Kalstabakken stated Officer Sandell's education history and noted he comes from a family of law enforcement officials. Mayor Droste administered the oath of office to Scott Sandell. Mayor Droste welcomed Mr. Sandell to the Rosemount Police Department. Motion to approve the Consent Agenda Items 6.a., 6.b. and 6 c. a. Bills Listing b. 10 -year Capital Improvement Plan (CIP) Working Program 1 1 c. Expenditure Approval from the Donation Account Parks Recreation Dept. d. JJT Buain..a Pn.k 2'"' Addition am] I'u..d Plat, 06 19 PP and 06 59- FP Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nayes: None. Motion carried. Public Hearings 7.a. JJT Business Park 1 Addition Easement Vacation, 06 -50 -FP City Engineer Brotzler stated that the easement proposed was platted with the first addition project. With the proposed plat for the 2n Addition, the landowner /developer is proposing to replat an outlot that was platted within the 1" Addition. In order to do so, there is a need to vacate the drainage and utility easement that is in place over the entire Outlot A.. Mayor Droste opened the Public Hearing. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 2006 Julie Martini, representing the owners of MRCI, 15191 Boulder Court, Rosemount, questioned if vacating the easement would have any affect upon the drainage or access to the MRCI site. Mr. Brotzler stated there would be no impact on the MRCI site. Motion by DeBettignies. Second by Sterner. Motion to continue the Public Hearing until January 16, 2007. Ayes: 5. Nays: 0. Motion carried. OLD BUSINESS 8.a. Continued Assessment Hearing GlenRose of Rosemount, City Project #397 City Engineer Brotzler stated the assessment hearing was continued from the October 17 City Council meeting. At that time, the City Council tabled the item for further discussion at the November 1 Special Work Session. Mr. Brotzler provided a brief recap of the discussion at the November 1 Work Session. He stated the primary matter the City Council was considering was the funding of the proposed easement acquisition. The primary change for the easement that was acquired from Hidden Valley was the proposed funding of 50% to the City, 25% to the developer and 25 %'o from assessments to the adjacent property owners to the proposed cost to be funded 100:' by the City. The net effect that has on the project funding and proposed assessments was provided in table 2 of the City- Council packet. hlr. Brotzler described the net effect on the per unit assessment rates. The assessment rates that were proposed were included in the assessment rolls. He added a draft response letter was provided to the City Council with the intent to finalize and mail out to the property owner following the meeting. City Administrator Verbrugge noted that a majority vote is needed in order to adopt the assessment roll. Motion by DeBettignies. Second by Baxter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 2006 Motion to Adopt a Resolution Adopting the Assessment Roll for the GlenRose of Rosemount Street and Utility Improvements, City Project #397. Council Member Sterner questioned the procedure scheduled to take place on November 22, 2006. Mr. Brotzler responded that there was a commissioner's hearing for the commendation scheduled for November 22. Due to the timing of the project, the City did authorize condemnation so it is necessary for the commissioner's to meet and sign off on the settlement that was reached after the court process was started. He added the process is a formality that must occur before the release of payment. Ayes: Droste, Sterner, Baxter, DeBettignies. Nays: Shoe Corrigan. Motion carried. (Resolution 2006 -118) NEW BUSINESS 9.a. Manufactured Home Park Zoning and Property Maintenance Ordinance Text Amendments, 06- 05 -TA. Senior Planner Zweber reviewed the staff report and outlined the changes to the Zoning Ordinance. He noted that Three items suggested during the public hearing process were not included in the ordinance. The items included the reimbursement for moving of accessory structures, removal of the maximum cap, and the supplemental payment for the increase in housing costs. Council Member Sterner stated that while Bloomington had a 20% cap, Elk River did not have a cap and it was not court challenged. Mr. Zweber responded that a majority of the Cities had a 20% cap based upon information received from APAC. Council Member Baxter questioned the functional difference if there was no cap. Mr. Zweber stated it was possible that if every mobile home needed to be purchased instead of moving the homes, 100% of the value of the park could be considered an eligible expense thereby making the reimbursable value equal to the property cost, removing all value of the property. Council Member Baxter also questioned how to determine what percentage is reasonable. City Attorney LeFevere stated that under the current ordinance there would be no one to determine what the cap is for paying for relocation costs. He added there was no procedure for administrative approval of a cap which could cause a challenge, depending upon the eligible costs, which would go before the Court. At that time, the Court would decide if the City adopted ordinance is reasonable. Community Development Director Lindquist added that in part raises the question from the previous work session. The City will not understand the ramifications of having or not having a cap until they are actually in the process. Without a cap, the City will have no idea what the eligible relocations costs amount to until people determine whether they will relocate or sell their residence. By that time it will be too late to set a cap. Mr. LeFevere stated with a cap, you start with a dollar figure divided by the 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 2006 amount of residents and if the claim is larger and there is money left after the first go around, it can be distributed again. He added there is no way of recovering money that has already- been paid. Mr. LeFevere further stated if you did not have a cap there is a potential for problems with administrating the expenses. Council Member Baxter stated he believes the mobile home park is an asset to the community meeting. He added that the Planning Commission and the Community Development staff have done a good job and he will vote for the ordinance. He has spent time reading on the cap issue and finds the 25% cap is reasonable and will do a good job of protecting residents than an Ordinance without a cap. He added that Rosemount is making the right step in addressing the current legislation. Mr. LeFevere noted there has not been a direct percentage by any court that is permissible but if future court cases give more leverage, the ordinance could be amended in the future. Mayor Droste stated he will support the Ordinance but stated his concern with having too many rules and regulations that may potentially make mobile home park rates rise. While the ordinance may protect residents in the short term he cautioned the adverse effects in the long term. Council Member Shoe Corrigan questioned the opportunity to go without a cap. She was concerned if the cap could go up or down depending upon what was negotiated. Since the City does not know what the land would be worth if it was ever redeveloped, no cap would give future City Councils and homeowners more of a chance for a higher cap or maybe even a lower cap. She suggested that the reasonableness could be determined at the closing. Ms. Lindquist stated if there is no Ordinance in place, the City would follow the state rules by holding a public hearing to set up the process that we just spent several months discussing. Council Member Shoe Corrigan questioned how the City could provide flexibility relating to the aging and maintaining of the homes. Ms. Lindquist responded that the City would have an opportunity to review the Ordinance prior to implementation. Council Member Shoe Corrigan suggested leaving the cap out and to put in a mechanism that would trigger a hearing process and a cap could be determined at that time. She added that language should be included to set an evaluation prior to redevelopment or sale of the property and the Council and community would have the authority to look at the ordinance. Mayor Droste questioned if residents have the right of first refusal. Mr. Zweber responded that the park owner shall provide each of the residents with a 45 -day written notice of the purchaser's intent to close the park or convert it to another use. A public hearing takes place after written notice from park owner of the intent to relocate. Council Member DeBettignies stated by having language that includes no cap, the City needs to evaluate the sides of the resident and the property owner. Right now, everything is purely speculation. Mr. LeFevere stated the City can be challenged on changing the ordinance but the consequences are unknown. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING NOVEMBER 21, 2006 Mayor Droste cautioned modification may be trade at the State level and it would not be to the City's advantage to get to aggressive. Right now, the City is trying to guess the market flow of the money. Council Member Sterner stated a 25% cap is to low but he would support a 30% cap or no cap. Council Member Shoe Corrigan suggested a 25% o cap with additional language that the Cite- Council would take public testimony at the time of sale. Mayor Droste supported no cap while realizing if a cap would be triggered a public hearing would be held to develop a cap number. Council Member Baxter support Mayor Droste's statement stating he would be more comfortable with no cap. Ms. Lindquist noted it was a policy decision but from an administration standpoint there was concern with starting without a cap. She suggested starting with the basis for a negotiation instead of a wide open discussion. Mayor Droste questioned if 2O% cap would be a reasonable base number and to address it at the time of a public hearing. Mr. LeFevere suggested that language be added into the public hearing process that one of the areas included be what is reasonable relocation expenses so that the City Council would have a forum for people to come in and present information on what is reasonable. Council Member Baxter stated a 25% cap is reasonable but City Council reserves the right through the future public hearing process to revise the cap amount. Council Member Shoe Corrigan agreed with Council Member Baxter. Mayor Droste suggested a 209'o cap. Mr. LeFevere suggested revising the language and bringing it back for approval on December 5. Mayor Droste requested that the public hearing process be defined. Motion by Baxter. Second by Shoe Corrigan. Motion to table the Ordinance to December 5. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. ANNOUNCEMENTS City Administrator Verbrugge congratulated Mayor Droste, Council Member DeBettignies and Council Member Shoe- Corrigan on their reelection to the Rosemount City Council. He further congratulated the other candidates that came forward and their efforts in running for the City Council. The City- of Rosemount had a 75 o voter turnout. Mayor Droste announced the upcoming City meetings in December. ADJOURNMENT Mayor Droste moved to adjouttt the meeting at 9:03 p.m. Second by Sterner. Upon unanimous decision, the meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 4, 2006 CALL TO ORDER Pursuant to due call and notice thereof, a Special Budget Hearing of the Rosemount City Council was duly held on Monday, December 4, 2006, at 6:32 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 Sterner attending. Council Members DeBertignies and Shoe Corrigan arrived shortly thereafter. Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, Finance Director May, Communications Coordinator Cox and City Clerk Domeier. 2. 2007 BUDGET AND LEVY PRESENTATION Finance Director May stated the purpose of the special meeting was to comply with the Truth -In- Taxation requirements that call for the City to hold a special budget hearing for the public that allows residents to speak on the proposed budgets and levies. If a continuation is not needed, the proposed budget and levy amounts will be sent to Council December 5, 2006 for adoption. He added that if necessary, the public comment period may be continued to December 11, 2006 for further discussion and forwarded to the City Council on December 19, 2006 for approval. The information is due to the Counry before December 31, 2006 to close out the budget process. Finance Director presented the Truth -In- Taxation Hearing PowerPoint outlining the budget schedule and the proposed budget and levy amounts. A resident in attendance questioned the tax capacity rates. Mr. May explained the tax capacity rates and stated everything is based on the valuation of a resident's property. City Administrator Verbrugge added that it's a rate and not a percentage. The rate is the amount of the levy divided by the total capacity in the community and the rate is calculated against a resident's taxable value. Council Member Sterner questioned if the debt is up or down from last year. Mr. May stated the actual amount of the debt levy is slightly down. There were two debt issues this year for the County Road 38 project and for the water tower. Mr. May added there was a slight increase in overall debt but the amount that is levied went down by about $53,000. Council Member DeBettignies confirmed that the proposal is a 2.84% decrease in the City share of the tax rate. 3. PUBLIC COMMENT Gary Anderson, 3418 Cromwell Trail, Rosemount, stated his concerns with the City taking approximately nuke months to sort out a budget of 17 million dollars. He questioned the total increase from 2006 to 2007. Mr. May stated the operating budget is up by 7.8`! He added there were other factors including the enterprise funds which increased $700,000. Mr. Anderson requested clarification of enterprise funds. Mr. May stated those funds operate under a profit and /or loss statement. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 4, 2006 Mr. Anderson questioned where the City is losing money. Mr. May stated the City is losing money in the arena fund and it needs a subsidy. Council Member DeBettignies stated the City has always lost money in the arena fund. Mr. Anderson questioned why the arena was built. Mr. May responded building of the arena goes back to 1993. Council Member DeBettignies stated the increases with the joint dispatch center and the cost of operating the facility. He noted the City will be spending five times the amount they are currently spending for dispatch services. Mr. Verbrugge stated while there was an increase in the operating budget the City has held the line with the operating costs. The City has negotiated contracts with its employees, has the $100,000 subsidy for arena operations, and has added $240,000 for the joint dispatch. He added the major increases are for electric and gas utilities, a salt /sand mix and gasoline. Mr. Verbrugge stated the City previously contracted with the City of Eagan to provide emergency dispatch. A decision was made by communities in Dakota County to consolidate to a single answer point so effective January 1, 2007 all cities in the county will share the expenses. He added that 1/3 of the total increase in the operating budget is due to the joint dispatch center. Mr. Anderson stated that property values are going down but taxes went up. He further stated he does not receive a break for maintaining his own street. He added his street does not require City maintenance and therefore he should be taxed at a different rate. Mr. May stated this discussion has happened before when people were being taxed who lived on County roads. Mr. May further questioned how you would break down who pays what share and noted it would be a complex formula. Dave Meacham, 13668 Crompton Avenue, Rosemount, stated he has seen a 12 tol 8% decrease in the valuation of the average house but a 35% increase in the assessed value of the property. He further stated the property taxes are going up but the properties are not worth what they are being taxed at. Mr. May stated the County has all control on setting the value of a home and he encouraged the residents to contact the County to make changes to die values of their homes. He further stated the City is bound to use the valuation provided by the County. A resident has an opportunity to appeal their taxable value at the County level. Mr. Meacham questioned if the City has taken into account the number of employees who have been laid off at Northwest Airlines and the Ford motor plant. Council Member Shoe Corrigan stated that while the concerns are valid those issues need to be addressed to the County. Mr. May stated that while they may maintain their own streets they still utilize the City police and fire departments. The developer decided to make those roads private when the project was developed. Council Member Shoe- Corrigan added the developer sold the idea that it was an amcnin- to offer private streets. Council Member Baxter added that was the deal the residents made when the purchased the home they live in and that deal has not changed. Mr. Anderson comtnented that it's all about fairness. Council Member Baxter stated residents made a deal and need to live with the deal. Mr. May added when the development was before the City Council there were concerns raised regarding certain standards for fire trucks and both the police and public works departments stated the roads weren't wide enough. He further stated the developer wanted to have an exclusive neighborhood. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 4, 2006 Everyone can make an argument that they do not use something they are being taxed for. Mr. Anderson again questioned why he should pay for roads not maintained by the City. Steve Kopel, 3434 Crumpet Path, Rosemount questioned the Rosemount portion of taxes and how this meeting could be considered a tax hearing. Mayor Droste stated the process tonight is to present our budget numbers for the operation of the City. Mr. Koppel stated it's hard to talk about taxes if they are all based on the market values. Mr. Verbrugge stated he did understand the frustration on the valuation. The State sets the tax capacity rates, the Count' sets the valuation and the City sets the levy. Mr. Koppel stated he came for a tax hearing and to discuss the market value that is established and now found out it can only be dealt with at a future County meeting. He stated the timing is not right and that the market value should be contested before a budget hearing date. Mr. Verbrugge stated the City is working with the schedule that legislation provides. Mr. Koppel added he did not see a benefit of having private streets. Council Member Shoe Corrigan stated the developer sold private streets as a benefit to slowing down traffic and offering a sense of walkability through the neighborhood and all other kinds of aesthetic reasons. She stated she understood the resident's concerns but as a local government body we do not operate the City like a private business. Mr. Verbrugge stated the hearings are held when a decision has been made. In relation to the budget itself we make it an open process to the public. He added he wrote a City column in May when the budget started, again in August regarding the preliminary levy and again last week discussing the final budget. The City tries to make the information available to residents and to inform them we are going through a public process. He stated the City makes it a public process so residents can understand the budget. Mayor Droste noted there were tremendous challenges before the City Council to keep the budget realistic to going forward. He added that 2l% of the budget is for the police department. Council Member Baxter stated a problem the City Council often hears is that while the tax rates are going down the valuations of properties are going up. He stated the City Council spends a fair amount of time talking about assessments for streets, sewer and water and how the charges will affect residents who live on fixed incomes or have lost jobs. No one wants their taxes to increase but no one wants fewer services, parks, communications, police or fire department members. Mr. Verbrugge stated in looking at other communities' tax rates every community is different. Our goal is to add commercial and industrial businesses to the tax base. We no longer have municipal liquor operations like Apple Valley and Lakeville. Over the last five years the City has seen incredible growth and the tax rate has been reduced about 23° He added the City has done a good job managing the growth and tax rate in Rosemount. The 1 1 1 City is not looking to add staff for 2007 and there is an impact to the service level over time by not making additions to staff. Mr. May encouraged property owners concerned with the market values to contact the County Assessor's office and added the County takes those factors into consideration when setting the tax rates. Roger Schnaser, 3472 Crumfield Path, Rosemount, stated he attended the meeting to discuss the valuation of his property. He appreciated Mr. May's suggestion to contact the County now to discuss the valuation of his property. He spoke of the experience in trying to sell his property and noted it was on the market for exactly what it was evaluated at two years ago. Motion by Baxter. Second by DeBettignies. Motion to close the public hearing. ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING DECEMBER 4, 2006 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. Mayor Droste urged the residents to contact their local Legislators regarding the local government aid. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste adjourned the meeting at 8:12 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 5, 2006, 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 Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, Finance Director May, Community Development Director Lindquist, Police Chief Kalstabakken, Director of Parks and Recreation Schultz, Communications Coordinator Cox and City Clerk Domeier. ADDITIONS TO AGENDA City Administrator Verbnugge stated the changes to the Agenda include an amended memo for 6.c. 2007 Liquor License Renewals and the addition of the new item 9.d. Approval of Order to Remove Hazardous Conditions and /or Building. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the modification to 6.c. and the addition of 9.d. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Council Member Baxter pulled item 6.c. Amended 2007 Liquor License Renewals. City Administrator Verbnigge pulled item 6.b. Firefighter Relief Association Benefits Adjustment. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda with the removal of items 6.b. and 6.c. a. Bills Listing e. :unaided 2007 Liqu, Lin d. Appointment of Parks and Recreation Commission Member e. Appointments to St. Joseph's Church Task Force f. Tree City USA Recertification g. Final Payment #8, Harmony 2"' Street and Utility Improvements, City Project #394 h. Acquisition of Easements Glendalough 7' Street and Utility Improvements, City Project #401. i. Union Pacific Easement Deed and Agreement, 04-74-LS Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. 1 1 6.b. Firefighter Relief Association Benefits Adjustment City Administrator Verbrugge requested a modification to the Bylaws Article VIII, Section 6, subsection a. The first sentence should be changed to read "The LUMP SUM PENSION AMOUNT... N4r. Verbrugge stated the Fire Relief Association is part of a step program to reach the State maximum benefits and pensions. The Relief Association requested an increase of $800 this year bringing the benefit level for 2006 to $6,100. He noted the state maximum benefit amount is $7,500. Motion by DeBettignies. Second by Shoe Corrigan. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion to increase the lump sum pension amount of $6,100 per year of service and to approve the amendment to the Firefighter's Relief Association Bylaws reflecting pension increases. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. 6.c. Amended 2007 Liquor License Renewals Council Member Baxter questioned the obligations of liquor license holders at the time of renewal and suggested the item be tabled to December 19, 2006. City Attorney LeFevere was concerned with continuing the item to December 19. He stated the item could be approved and any renewal in question be tabled. Council Member Baxter preferred to review the item as a whole and that a special meeting could be called should any timing problems develop. Motion by Baxter. Second by Sterner. Motion to table item 6.c. to the December 19th meeting. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe-Corrigan. Nays: None. Motion carried. PUBLIC HEARINGS 7.a. Scott Carver Dakota CAP Agency, Inc. Project Approving the Issuance and Sale of a Commerical Development Revenue Note. Finance Director May provided a brief background on the proposed project and financing for the Scott Carver Dakota CAP Agency project. The public hearing is the City Council's last step in the process for the agency to work with the City in securing the financing. He added that representatives from the CAP Agency were present to speak about the specifics of the project. Jane Kaminski, the Finance Director for the CAP Agency, stated that three years ago the CAP Agency purchased the building from the Dakota County CDA. The building was purchased on a Contract for Deed at 7.5 o interest with Mark Ulfers from the CDA. Wells Fargo has approached the agency and working together has created a tax exempt refinancing package with the City of Rosemount. The agency is requesting the $836,000 to pay off the 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Contract for Deed and some money will be used to repair roof damage and the remaining money will be used for carpet repairs and to repaint the building. City Administrator Verbrugge asked the CAP Agency to share more about the CAP Agency services. Mary Sullivan, the Executive Director of the CAP Agency, stated the agency has been in Rosemount for three years and is a non -profit organization. Some of the programs provided by the agency include Head Start, senior dining home delivered meals, and the offering of fuel assistance. Ms. Sullivan stated there are approximately 35 employees located in the building and they partner with the faith community, the Salvation Army, and the local schools. She added the agency appreciated the City's support. Council Member Shoe Corrigan questioned where the facility is located. Ms. Sullivan stated the facility is located at 2496 145 Street just east of Biscayne Avenue. Mayor Droste opened the public bearing at 7:44 p.m. Motion by Droste. Second by DeBettignies. Motion to close the public hearing. Ayes: 5. Nays: 0. Motion carried. Council Member DeBettignies confirmed the intent for the project is to lower the interest rates to allow for a cost savings to the agency. Motion to adopt a Resolution Approving the Issuance and Sale of a Commercial Development Revenue Note, Series 2006 and Authorizing the Execution of Documents Relating Thereto (Scott Carver Dakota CAP Agency, Inc. Project). Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion Carried. (Resolution 2006 -119). OLD BUSINESS 8. a. Manufactured Home Park Text Amendment, 06 -05 -TA Community Development Director Lindquist reviewed the staff report and outlined the changes to the ordinance made as a result of the November 21 City Council discussions. She noted that language has been added to include that during the public hearing process the cap amount may be changed based upon testimony. Another change was made to address the issue of the City or County funds that are associated with potential relocation benefits. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Council Member Shoe Corrigan questioned if staff was able to address Ms. Woodruff's concerns. Ms. Lindquist responded than DIs. Woodruff's main concern was whether enough money was in place to purchase all the units based on their size or inability to relocate. Ms. Lindquist stated a provision was added in the ordinance allows for equal distribution based upon the reimbursement. The money will go into pool if all the funds are not distributed. Council Member Shoe Corrigan questioned who distributes the funds and manages the account. City Attorney LeFevere stated the sale of the property is going to generate the funds distribution. Mr. LeFevere stated the buyer would make sure the disbursements take place and the hearing process will act as another safeguard. Council Member Baxter noted a building permit cannot be issued to the buyer if the funds have not been dispersed. Council Member Sterner stated he still preferred to see a cap of 30% or a minimum cap of 20% with the "reasonable language" also included. Mr. LeFevere stated a minimum cap does not appear to meet the intent of the legislation because the landowner would have to pay out even if the qualified expenses did not meet the minimum. Council Member DeBettignies added that language added to the ordinance has made it clear that the City will have the ability to increase or decrease the cap based upon testimony and evaluation of the situation at the time of a sale. Mayor Droste allowed for public comment. Lynda Thursrin, 2913 Upper 138t St. W., Rosemount requested that the 25% cap be removed based upon her research of area mobile home parks it would be hard to relocate. She also requested that the homeowners receive compensation for the garages and sheds that they own. She stated they would lose out on their accessory building investments if the structures are not included in the ordinance. Barb Stanley, 13955 Bundoran Avenue, Rosemount stated the homeowners want to stay in Rosemount. The mobile home park consists of single parents and senior citizens who may not pass a credit check to live in an apartment. She added the residents of the mobile home park are thankful for the City drafting an ordinance and showing true concern for the residents. Elias Damon, 13940 Bundoran, Rosemount, stated he moved into the mobile home park in 1996 and that his house is falling part and in need of constant repair but he lives on a limited income. He added be has enjoyed the council conversation and being allowed to experience the council decisions on the matter. Council Member Baxter stated Rosemount Woods is an asset to the Community and he wants to keep it. People can differ about the best way to do that but his analysis leads him to believe having a cap makes it a more enforceable ordinance and believed the 25 is reasonable. He added the ordinance was well drafted. He complimented Council Member Shoe Corrigan for crafting a good compromise in an open meeting and for making it a better ordinance. 1 Council Member Sterner asked about Ms. Thurstin's comments regarding the sheds and garages. Mr. LeFevere stated those expenses are not currently included in the draft ordinance for two reasons. One, it is unclear that this is the intent of the state statute since it specifically talks about the manufactured homes only. Secondly, if you include accessory structures as an eligible expense, you further reduce the potential pool of other money to available to other people. He added the City first needs to deal with the fundamental mobile home and making sure the homes are covered. Mayor Droste noted it may be cost prohibitive to move garages. Mayor Droste stated he likes the language in the ordinance as recommended and he would support it. Council Member DeBettignies questioned with the ordinance as drafted, the City would be able to not issue any building permits to a buyer until full obligations have been met. Ms. Lindquist stated he was correct. Council Member Shoe Corrigan stated that nobody is looking to buy the home park at this time. The ordinance is being put in place to protect the home park residents in the event of a sale. Motion by Baxter. Second by Shoe Corrigan. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion to approve an Ordinance amending the Manufactured Home Park Section of Zoning Ordinance and Ordinance creating the Manufactured Home Park Section of the Building and Property Maintenance Ordinance. Council Member Sterner stated his comfort level was not met and he would not support the motion without a minimum cap or no cap. Council Member Shoe Corrigan stated that during the public hearing process the cap could be raised. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: Sterner. Motion carried. (Ordinance No. B -177 and Ordinance No.XXI.115) Motion by Baxter. Second by Shoe Corrigan. Motion to adopt a Resolution authorizing publication of Ordinance No. B -177 amending Ordinance B, the Zoning Ordinance related to Section 11-2-19: Manufactured Home Park Requirements and Ordinance No. XXI.15 creating Section 9 -4 -8: Manufactured Home Park of the Building and Property Maintenance Ordinance. Ayes: DeBettignies, Shoe Corrigan, Droste, Stemer, Baxter. Nays: None. Motion carried. (Resolution 2006 -120) NEW BUSINESS 9.a. Approval of 2007 Budget: Setting 2007 Levies and Budgets Finance Director May stated five residents attended the Truth -in- Taxation hearing held on December 4, 2006. Of those five, four people provided comments on the budget. Mr. May explained the resolutions for consideration in setting the 2007 levies and budgets for the City. Council Member Baxter stated the City Council and City staff spend a lot of time on the budgets and come from different angles and they work hard to get the budget close to right. He pointed out that Mr. May and members of his staff do an excellent job in explaining the budget process to the City Council. He thanked and complimented City Administrator Verbrugge and the department heads for their hard work and cooperation. He added the City Council is united on lowering the tax rate for the City and to keep services at a high level. Mr. Verbrugge reviewed the highlights of the budget and stated the City makes every effort to provide communication about the budget by newspaper columns and through the City website. The proposed budget that the City Council is going to take action on is a budget driven by the slowing housing market which has caused a significant fall off in building permit revenues. The City is also moving to a consolidated joint dispatch with Dakota County so there have been operation obligations that have increased significantly along with the capital investment. He added the City is also seeing an increased need to financially assist in the arena operations. He further stated the City will hold the line on the services to the community and did note that no new staff are being added. The City is seeing a 2.8% reduction in their tax rate. Motion by DeBettignies. Second by Sterner. Motion by DeBettignies. Second by Shoe Corrigan. Motion by DeBettignies. Second by Baxter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion to adopt a Resolution Approving the 2007 General Fund Operating Budget, the 2007 Capital Improvement Program (CIP) Budgets, the 2007 Insurance Budget and the 2007 Levy- Required by the City of Rosemount. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. (Resolution 2006 -121) Motion to adopt a Resolution Levying a Tax for Construction of State Armory Building. Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. (Resolution 2006 122) 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion to adopt a Resolution Approving a Special Tax Levy for Funding of an Armory. Ayes: Droste, Stemer, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. (Resolution 2006 -123) 9.b. Resolution of Approval for CDBG Application. Community Development Director Lindquist stated every year the City is required to apply for CDBG funds. This year, staff has recommended the funds be allocated to the single family housing rehab revolving fund administered by the CDA. Council Member Sterner questioned who could access the funds. Ms. Lindquist responded the program is based upon income. She further stated that loan program information is available in the City's quarterly newsletter. Motion by Sterner. Second by Shoe Corrigan. Motion to approve draft resolution for the CDBG application. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. (Resolution 2006 -124) 9.c. Resolution of Approval for Redevelopment Incentive Grant Community Development Director Lindquist stated the CDA recently implemented a grant program for redevelopment within the County. City staff has applied for acquisition of the car wash property within Core Block East As part of the process, the City is required to pass a resolution in support. City Administrator Verbrugge stated the City has contractually arranged with the CDA to administer the CDBG funds. Mayor Droste added that cities often use the funds for redeveloping blight properties. Motion by Baxter. Second by Stemer. Motion to approve the resolution approving the application for the Redevelopment Incentive Grant. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. (Resolution 2006 -125) 9.d. Approval of Order to Remove Hazardous Conditions and/or Building. Community Development Director Lindquist provided the City Council with a picture of the damage at the subject property. The property has been deemed to contain a hazardous structure due to a recent fire. Staff is requesting that the City Council move forward with an order requesting the removal of the hazardous structure. She stated the order would allow the City to have the building removed and the removal fees would be assessed to the 1 1 property owner. By approving the order, the process for removal could be started immediately. Council Member Sterner questioned if there were any issues with the suspicion of the fire or if the insurance company was still settling the matter. Ms. Lindquist stated the City is not privy to the insurance information. City Administrator Verbrugge stated the fire was caused by a heater in the garage and has been determined to be an accidental fire. Council Member Shoe Corrigan questioned if there has been enough time allowed to the collect insurance many and to have the site cleaned up. Mayor Droste stated the subject site has been a code enforcement issue for a long time. Calls were received from neighbors next to the property who were extremely alarmed and pleaded with the City to take action. Mayor Droste added the residents believe it is a public safety issue. He added that while the process may be aggressive it stems from festering issues. City Attorney LeFevere added the issue can be taken to Court. The hazardous building would be removed at the City's expense and charged back to the property owner. Council Member Baxter stated 30 days is adequate time to handle a residential fire. Council Member DeBettignies stated the resident would also have another 30 days from the date of motion to clean up the site. Motion by Shoe Corrigan. Second by Baxter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion t Approve Order to Remove Hazardous Building and Refuse. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. ANNOUNCEMENTS City Administrator Verbrugge stated that City Hall is a drop site for Toys for Tots donations through December 21. Mayor Droste reviewed the City calendar of meetings for December. The next regularly scheduled City Council meeting will be held on December 19. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved to adjourn the meeting and 8:43 p.m., Second by Sterner. Respectfully submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 13, 2006 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Tuesday, December 5, 2006, at 6:08 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 \'erbntgge, Assistant City Administrator Foster, Police Chief Kalstabakken and City Clerk Domeier. NEW BUSINESS 2.a. 2007 Liquor License Renewals Clerk Domeier stated the purpose of the Special Meeting was to continue discussion of 2007 liquor license renewals so that the applications could be fonvarded to the State to allow sufficient time for review and approval. The City Council reviewed the 2007 liquor license renewals at its regular meeting on December 5, 2006. At that time, the City Council tabled action to December 19, 2006 to allow the Cit y Attorney time to review the City liquor code as it relates to the obligation of a liquor licensee to be in compliance with City Code. Ms. Domeier stated that the City Attorney did review the City Code and that a violation of a zoning code provision would fall into the same category as the etiolation of a liquor code provision. Before the City imposed license discipline such as civil penalties, suspension, revocation or non renewal for such a code violation, it would have to give the licensee or applicant an opportunity for a hearing. Ms. Domeier further stated that at this time the City Attorney has recommended the license in question be issued. City Administrator ti erbrugge stated he spoke with the manager at MGM regarding the sign issue. He stated that MGM has indicated they will comply with the Ordinance and change the sign. MGM will bring forward a timeline for switching out the sign and will stay within the time period to stall any enforcement action. Council Member Sterner questioned the follow -up action for the liquor establishments that failed the compliance checks. Police Chief Kalstabakken stated the need to allow the license holder an opportunity to either request a hearing or to enter into a Consent Order regarding the violations. He stated that two of the establishments, Shenanigan's and City Limits, have agreed to enter into a Consent Order admitting to the failed compliance check and paying a $500.00 fine. However, one of the establishments, Rosemount Liquor Mart, has received its second violation in a 24 month period. He added that while Rosemount Liquor Mart would like to resolve the issue they are still hesitant with moving forward on the violation. Mr. Kalstabakken stated that the City of Rosemount does not have a matrix of penalties for a second or third violation. He added that an average for Dakota County municipalities imposing a civil fine for a second violation is $750 and also includes a three day suspension of the liquor license. Inver Grove Heights has never imposed a civil penalty when there has been a violation; in those cases the State has a civil penalty which they impose; Lakeville has a three day suspension for a second violation: Eagan charges a $1,000 fine for a second violation; Farmington imposes a $500 fine with a seven day license suspension; Burnsville ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 13, 2006 has a $750 fine with a three day license suspension; and Richfield has a $1,500 fine with a five day suspension. Mr. Kalstabakken brought forward a recommendation using the average of a $750 fine and a three day suspension for the second violation. Council Member DeBettignies questioned if a matrix was available for the third violation. Mt. Kalstabakken responded that no City has less than a $1,000 fine with a suspension of the license from six to 21 days. Council Member DeBettignies questioned if the suspension was for consecutive days. Mr. Kalstabakken stated the suspension schedule would be set by the City. Mayor Droste questioned if there are any state laws around the violations or if it is strictly local jurisdiction. Mr. Kalstabakken responded if the City didn't impose action, the State would impose the penalty. He was not aware if the State had a graduated scale for the fines or penalties. Council Member Shoe Corrigan stated there should be written policy that would be carried from here on out. Mr. Kalstabakken stated that City Attorney LeFevere's opinion with having a matrix is that it does not allow you to take individual circumstances into consideration. Mr. Kalstabakken stated the City would want to be consistent even without the matrix. Council Member DeBettignies suggest imposing into the wordage that the City could affix to any premise transaction. The penalty could be based upon the transaction at the premise. Council Member Baxter inquired how the sales clerk is charged. Mt. Kalstabakken stated the sales clerk would receive a gross misdemeanor. Council Member Baxter stated that a sales clerk is charged with a crime but the establishment only receives a $500 fine which seems lax. Council Member Shoe- Corrigan stated the issue is whether we issue the permit without a heating. Mr. \Terbrugge stated the license could not be withheld without allowing the applicant a hearing. Ilr. \'erbrugge added that staff is looking for feedback on how to handle the second offense. Council Member Baxter stated he accepts City Attorney LeFevere's opinion but also believed that the businesses have an obligation to be a good citizen. The businesses need to follow the ordinances. He added the City should be stern to avoid gaining a bad reputation as a community that sells alcohol to minors. Motion by Shoe Corrigan. Second by DeBettignies. Motion to approve the liquor license renewals as listed for the year 2007 with the condition that the renewals for Applebee's and McDivot's are subject to receiving the required accountant's statements before December 31, 2006. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS DECEMBER 13, 2006 Discussion ensued regarding direction on the current violations. Council Member Shoe Corrigan was concerned with store clerks receiving adequate training. Mr. Kalstabakken stated that a stipulation in the resolution could be to agree to training. He added that conditions for penalties may be added. Council Member Shoe Corrigan stated a clear message needs to be sent to the businesses about the violations. Mr. Verbrugge stated the City Council should decide how severe the progression should be set. Council Member Baxter stated that for the third violation the Ciry should come down hard. Council Member DeBettignies suggested developing a matrix of $500.00 fine for the first offense; $1,000 fine with a three day license suspension for the second offense; and a $1,500 fine with a consecutive six day license suspension for a third offense. Mr. Verbrugge suggested that whatever day of the week the penalty occurs on that the suspension begin the same day of the week. Council Member Shoe Corrigan requested that training and enforcement be added to the third offense. Mayor Droste agreed with the average and stated the City Council should discuss and put a policy in place with the ability to look at extenuating circumstances. Mr. Kalstabakken stated typically in an ordinance the City Council would have control to go outside the penalty for different circumstances. Council Member Baxter was in agreement with a $1,000 fine and a three day license suspension. He stated a Erne doubling is not unreasonable and a three day suspension will get the businesses attention. He further stated that the third offense should be harsher and include a six day suspension period. Mayor Droste directed staff to develop a matrix and bring to a work session for discussion and to establish a policy. Council Member Shoe Corrigan preferred a $1,000 fine and a three day license suspension. Council Member Sterner suggested establishing what the average is by going with a $750 fine and a three day license suspension. Council Member DeBettignies desired to remain aggressive with the fines and suspension periods. Council Member Baxter suggested leaving the issue to Mr. Kalstabakken to design a matrix using his best judgment. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 6:57 p.m. The meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Wednesday, December 13, 2006, at 6:58 p.m. in the Council Chambers at City Hall, 2875 145`" Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, Finance Director May, Community Development Director Lindquist, Police Chief Kalstabakken, City Engineer Brotzler, Communications Coordinator Cox and City Clerk Domeier. 2.A. ePackets for Council Meetings Communications Coordinator Cox reviewed the staff report and requested City Council feedback and guidance in moving forward with "ePackets He added that Council Members would be able to add notes to PDF documents through free reader software that would be installed on the Laptops. He further stated that a professional version of Adobe Acrobat would cost $400 per license and the City would need to purchase two copies. Mr. Cox stated that one benefit of "ePacket" is that the City would have the packet in a format that could be easily posted online to share with the public. He noted that Gov Office cannot handle larger files but with the internal /external review of technology in the next year the issue could be reviewed. Currently, the City's website is at the file space limit at Gov Office. City Clerk Domeier provided information on "ePackets" gathered from other metro cities. Mr. Cox stated that Burnsville used "ePackets" but also provided paper packets. He added that now Burnsville uses only paper packets. Mr. Cox stated the change to a paperless packet would be an efficient process for the City. City Administrator Verbrugge noted that there would not be a cost savings to the City if you compare the cost of paper to the cost of a lap top. Mayor Droste questioned if the "ePackets" saved on staff time for preparing a packet. Ms. Domeier responded that the process saved on the time spent copying the packets and collating with the colored paper. Mr. Cox stated he spent approximately two hours each Friday compiling the information for the packet. City Engineer Brotzler added that while it saved on Administration time on copying items, the process did take longer for other staff members to compile staff reports in the correct format. Council Member Baxter questioned how the packet would be delivered. Mr. Verbrugge stated by using a memory stick or by downloading the packet from the website. Mr. Cox stated that Council Members could save the packets on the hard drive of the laptop. Mayor Droste was concerned with document retention and whether notes on packets should be filed. Mr. Verbrugge stated he would check with the City Attorney. Ms. Domeier added she would check with area city clerks. Council Member Baxter stated there is no legal obligation to turn over notes if you have them Mr. Verbrugge stated Council Members 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 would be required to produce the notes if they have notes available but there is no requirement to retain any notes. Council Member Baxter stated he liked using the laptop during the meeting and figured it would be an advantage to go back to previous packets during a meeting. Mr. Cox stated a search function would allow Council Members to search PDF files and also search page by page. Council Member DeBettignies questioned if Council Members could activate their City email by using the laptop. Mr. Cox stated there may be network issues. Council Member Sterner stated he thought with the laptop packets could be easily accessed and there were fewer papers to have to organize. Mayor Droste preferred rather then spending money on technology with no vision he would like to see a committee formed to put together a vision to figure out the City's technology needs. He also requested more clarity about the issues Burnsville experienced with their "ePackets" and why they are back to paper packets. Council Member DeBettignies thought the City could find cheaper laptops. Mr. Cox stated there is a need for a larger hard drive to keep documents on line. Council Member Shoe Corrigan stated a policy should be put in place for the recycling of laptops. Mayor Droste questioned who had access to wireless intemet at City Hall. Police Chief Kalstabakken stated the police officers have wireless internet. Finance Director May stated that the Public Works employees also have wireless intemet but only because there were problems with connectivity at their facility. Mr. Verbrugge summarized City Council direction by stating staff would contact the City of Burnsville to find out why they went back to paper packets; review data practices; and review technology issues. 2.B Non Union Wage Adjustments for 2007 City Administrator Verbrugge outlined the compensation structure. Based upon prior negotiations, staff and City Council have discussed a compensation philosophy that would gradually move the City compensation scale toward the upper tier of Stanton VI cities. At this time, he recommended providing the 3% increase in January and 1 /2 0 o increase in July similar to the LELS and LELS Supervisor settlement agreements. Council Member Sterner questioned the justification for pay structure for different sized cities. Mr. Verbrugge responded that the City has used the Stanton Cities rates according to population. The same sized cities tend to pay the same and as a city becomes bigger they tend to become more competitive in wages. He added that employees start in smaller cities to gain experience to move into a larger city for greater experience and the pay per level of expertise. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 Council Members Baxter and DeBettignies were in agreement with the proposed increases. Mr. Verbrugge stated the wage adjustments would before the City Council for approval on December 19, 2006. 2.C. Discussion of the Rental Housing Inspection Program Community Development Director Lindquist reviewed the staff report. She stated the program would be helpful in maintaining a good housing stock and good rental standards. Before developing a program, staff is looking for Cin Council interest vi the implementation of the program. She stated an example where homeowners have not entered their rental property in 15 years. She added there could be fees associated with the program for inspections and re- inspections, similar to the requirements for building permits. An itemized fee list would be created in going forward. Council Member DeBettignies questioned if Rosemount Woods would qualify for the program Ms. Lindquist responded that only the mobile homes which are leased would qualify as part of the program. Mayor Droste stated his concerns with including Rosemount Woods with the conditions of the homes and the intent to promote affordable housing. Ms. Lindquist stated that only the mobile homes that are leased would be inspected. She added it would not affect property owners in Rosemount Woods who own their mobile homes. Police Chief Kalstabakken stated that based upon an overall decline in the housing market, what used to be apartment rental is now low end town houses turned into rental properties. He noted it has been a reaction in the more developed areas of Rosemount not only at apartments but in single family homes. After discussion by the Council, Ms. Lindquist stated a fee would not have to be charged if the City Council did not want to go into that direction. She noted there were approximately 600 rental properties in Rosemount. Mayor Droste felt the program was heavy hitting. Council Member Shoe Corrigan noted that Ms. Lindquist stated the City has been approached by tenants in rental units to assist in addressing these types of life /safety issues. She added this program would require homes to be compliant with minimum standards in situations where renters may have no leverage otherwise. Mayor Droste questioned if the program would require homeowners to replace siding or roofs. Ms. Lindquist responded the program envisioned would not be looking at the exterior conditions of a home but that inspectors would be looking at minim health /life /safety code compliance for rental properties. She added the property maintenance code is now implemented on a case by case basis; however, this program would be looking at electrical, heating and providing a service to a renter to ensure they have the minimum code coverage. The City would review the property for compliance with other City codes, like exterior storage and other nuisance complaints, when inspecting the rental unit. Mr. Verbrugge added the program is a reaction to situations that evolve over time and the intent it to have the City be proactive, before rental units get substandard. He stated the main issues are to allow staff to identify health and safety issues and to red flag any issues as potential follow -ups. Mr. Verbrugge stated he preferred to keep the housing stock from a 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 crisis stage. Council Member Shoe Corrigan agreed that the City needs to protect vulnerable renters. Council Member Baxter stated he liked the City of Burnsville's set up and the right to inspect without charging a fee. He questioned if the inspectors have time to inspect the rental properties. Ms. Lindquist stated she had no intention of adding staff to implement the program and noted that winter time is typically slower. She stated with a three year cycle they could inspect 200 homes per year. Council Members Baxter and DeBettignies were in agreement to charge a fee based upon finding a violation Mayor Droste preferred not to charge homeowners who act responsibly. Council Member DeBettignies questioned how the City- would measure the violations and do a breakdown of fees. Mr. Verbrugge stated staff would do more investigation into how Burnsville handles its fees. Council Member Sterner stated by having the program, the City would protect the renter and the homeowner at the same time. He suggested the program be broken down over two years instead of three years. Mayor Droste questioned who the City would contact to conduct the inspection. Ms. Lindquist stated the City would contact the owner or onsite manager to go through the tenant. Mayor Droste stated he did not want staff added because of the program. Ms. Lindquist responded that there was no intent to add staff. Mr. Verbrugge stated that it was a modest implementation as described by Ms. Lindquist and an opportunity to take notice of the property maintenance standards. Mr. Verbrugge stated that Ms. Lindquist would come back with a draft program and ordinance. Council Ntember Sterner requested that staff review the Hastings model. Mayor Droste was concerned with how the program would be communicated to the residents and how it could potentially impact any resident living in Rosemount. He was concerned with the sensitivity of homeowners. Council Member Baxter stated the only complaint the City will hear is that homeowners will not want to pay an inspection fee. Mr. Verbrugge added the reason a homeowner is renting out their home is immaterial and that everyone needs to be responsible and follow the minimum code standards. 2.D. Transit Study Task Force Community Development Director Lindquist stated in November the City Council approved a proposal for a transit plan. Ms. Lindquist stated an advisory committee was being formed to review the scope and discuss the progress of work to be undertaken. Mayor Droste questioned why a Utilities Commissioner would be appointed to the task force. He stated he preferred to have members on the task force that currently ride the bus. Ms. Lindquist responded that the Planning Commissioner member is Val Schultz and that she currently rides the bus. Mayor Droste offered to serve on the task force. Council Member Baxter stated that transit plan is a vision shouldn't be limited to bus riders. Council Member Sterner suggested that the City Council serve as the task force. Cit. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 Engineer Brotzler stated the idea was to spread the work out based upon the scope that was previously approved; the plan will come before the Council for approval. Mayor Droste requested to designate a resident member. The City Council also decided to inquire if a non -City Council Port Authority member would be interested in serving on the task force. 2.E. Draft Water and Sanitary Sewer Rate Study City Engineer Brotzler reviewed the staff report and provided a handout of the four tables in the draft report dated March 2006. He noted a modification to Table 4 -1 for the waver rate analysis. He stated that last May the main driving force for the consideration of no increase in water rates to a proposed water increase was the appropriate fund balance to carry in the utility fund. Table 4.1 illustrates no utility fund increase for the water rates for five years based on project expenditures the balance declines for a deficit in 2011. However, the table still included the significant effect based on the comprehensive water plan and early anticipation of water treatment facility being built. He added the figures show expenditures occurring beginning in 2009 at 1.2 million dollars per year added cost. Mr. Btotzler stated that Table 4.1a is shown with the expenditures removed with not building a water treatment facility until after 2011. With the current rates and projected revenues the City would maintain a positive and consistent fund balance. He added the current water rates appear to be adequate for the next five years. Mr. Brotzler explained the increases and expenditures between 2006 and 2007. There would be no need to increase water rates if costs for a water treatment facility are taken out. He added an $8.80 water surcharge per quarter is charged to residents to build a reserve fund for the future debt service on a water treatment facility. Mayor Droste questioned if the City needs a water treatment facility. Council Member Baxter stated it may be needed based upon the quality of water. Mr. Brotzler added that cities with populations of 25,000 30,000 have built their water treatment facilities based upon complaints. City Administrator Verbrugge added there may be radium issues. Mr. Brotzler stated his concerns with the radium levels should the Department of Health tighten up the regulations. Council Member Baxter stated he would like to see the surcharged remove. Mr. Brotzler stated the surcharge was initially set up to cover the debt service on the Chippendale water tower. Finance Director May added because there were not sufficient funds or growth to pay for the water tower the surcharge was added rather than raising the rates. Once the debt was retired, the surcharge went away. He stated the surcharge was reinstated during the construction of the Connemara water tower and the surcharge was the most appropriate way to fund the project. The surcharge only paid for part of the debt and the remaining part was paid out of the water core funds. He added the language for surcharge didn't say it was specifically for the water tower but would used to pay for improvements to the water system for the City of Rosemount. He added the City has taken the debt for the new Bacardi tower to use in finding the project. The City did not borrow money to pay for the last two wells. Mr. May saw justification to keeping the surcharge in place. ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 Council Member Baxter stated he wanted to stop taxing on what has already been paid. Mr. May noted if the surcharge is removed until a water treatment plant is built a new surcharge would probably be much higher. Council Member Sterner suggested changing the surcharge label on the utility bills. Mr. May stated the surcharge could read for the "Infrastructure of a Water Treatment Facility" but added only a limited number of characters are allowed per line. Mr. Verbrugge suggested the label should read "Capital Investment Fund The City could provide public education on the debt service to pay for the future water infrastructure. Mr. May added that by informing the public about putting money aside to reinvest into the system would be a good marketing tool. Mr. Brotzler noted that the worksheets can be used in the future to track actual costs and revenues and project future rate increases on an annual basis. Mr. May added the current model in place will make it flexible in reviewing every year to make decisions annually. Mr. Verbrugge stated a public outreach should be set up for the remaining of the surcharge. Council Member Sterner suggested more information should be provided to residents about water conservation. Mayor Droste suggested setting up a base rate in December and talked about residents using a second meter. Mr. May stated the City does not require residents to install a second meter. He added that a high water user will receive payback for the permit and the meter noting there is typically a payback based upon usage. Mayor Droste directed staff to obtain information from the City of Hastings. Mr. Brotzler noted it would take a period of time to evaluate with changes in the sewer rate to balance out what residents are actually paying. He added changes could be made to the rate system and structure to eliminate second meters. There may be a fluctuation in rates based upon what is due to the Met Council. Mr. May stated the City could bring back the credit and give residents a break on their sewage usage but with the increase in sewer rates you would end up at the same amount. Mayor Droste requested that staff do research on why some cities do two meters or only one meter. Mr. Brotzler stated the sanitary sewer table 6.1 showed the running balance without increases. Without any rate Mcreases the balance is projected to decrease. He added a wild card is the sewer charges (MCES) rates are increasing annually. The volume going to the plant is decreasing but the operating costs stay the same so the rates are increased. He added the City could hold the sewer rates at a constant as well for 2007 with the rates to be reviewed annually. Mayor Droste questioned if data from 2005 could be plugged into the table. He also suggested adding a graph that showed the actual numbers with the housing growth numbers and projections. Council Member DeBettignies questioned why the fees are doubling from 2006 to 2007 and increasing $30,000 annually. Mr. Brotzler responded the amounts include the projected increase from the Met Council. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 Mr. Brotzler added the proposed changes to the 2007 Fee Resolution including an increase to water trunk area and access charges. He added the City will maintain the sewer area and connection charges at the current rates. UPDATES Bonds Defeasance Finance Director May provided an update on the debt service fund for the business park. He added that Port Authority will be able to defease the bonds for the Highway 3 project because of assessments collected and the levy in place to replace most of it. Mr. May stated the bonds would be defeased and off the books next year. Lebanon Hills Regional Park Stormwater Issue City Administrator Verbrugge stated that based upon discussion at the joint elected officials meeting on November 29, 2006, the City of Rosemount made it clear to the group that our consideration to participate in the solution is dependent upon the Vermillion Watershed/Rosemount taxing district matter being decided beforehand or concurrently. He further stated that the City proposed that with the revenue that is being generated that Rosemount be considered a sub watershed and the tax revenue generated would come back to the City. He added that the source of revenue would become available to contribute to the Lebanon Hills issue. Council Member Shoe Corrigan stated her concerns regarding the fees. Council Member DeBettignies stated he preferred to take the approach not to participate in the project. City Engineer Brotzler stated the political considerations to take into account with not cooperating with Eagan. The City will propose that the money comes back to Rosemount through the watershed as proposed to cover the debt service on Rosemount's share of the cost. McMenomy Parcel City Administrator Verbrugge stated that the McMenomy family would like to sell approxitnately 60 acres of land for preservation of the woods for $130,000 per acre. He added the Parks and Recreation Commission will discuss the property and look at opportunities available and other alternatives. Community Development Director Lindquist added that the family previously wanted to preserve the northern part without park dedication. Council Member Baxter stated he did not want the City to do an appraisal of the area. Council Member Shoe- Corrigan added the City is not ready to move on preservation of the parcel. Mr. Verbrugge stated staff will send a letter to Mr. Singer at Dakota County stating the City Council's intentions. Marketing Award Community Development Director Lindquist shared the Honorable Mention award received from MAEDC recognizing the City's marketing efforts. ADDITIONAL UPDATES Council Member Shoe Corrigan provided an update on the library sharing plans that show new architectural features on the building. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 13, 2006 Council Member Sterner updated Council Members and staff on the programs he attended at the National League of Cities conference in Reno. Council Member DeBettignies shared that he attended the NDC Chamber luncheon on December 12 and the Dakota Futures Event on December 13. Mayor Drosre provided an update that Community of Hope Church plans to expand its facility adding a sheet of ice and additional office space. He also provided an update on technology and broadband information he collected at the National League of Cities conference in Reno. ADJOURNMENT There being no further information to come before the City Council and upon motion by Mayor Droste, the meeting was adjourned at 10:16 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 19, 2006, 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 Baxter, DeBettignies and Sterner attending. Council Member Shoe- Corrigan was absent. Staff members present were City Administrator Verbrugge, City Attorney LeFevere, Director of Parks and Recreation Schultz, Finance Director May, City Engineer Brotzler, Community Development Director Lindquist, Communications Coordinator Cox and City Clerk Domeier. ADDITIONS TO AGENDA Cinv Administrator Verbrugge stated the changes to the Agenda included the addition of Consent Agenda items 6.w. Acquisition of Easements Old County Road 38/132' Court West, City Project #387 and 6.x. Waiver of right of first refusal to purchase FTTH franchise. He also stated additional plans and resident correspondence were added to Item 9.a. Rosemount Family Housing (Dakota County Community Development Agency) Comprehensive Plan Amendment, Rezoning, Preliminary Plat, and PUD Final Development Plan, Case 06- 54 -CP, 06- 55 -ZA, 06- 56 -PP, 06 -58 -PUD. Motion by Droste. Second by Baxter. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Motion to adopt the Agenda with the addition of Items 6.w. and 6.x. and with additional information for Item 9.a. Ayes: 4. Nays: 0. Absent: Shoe Corrigan. Motion carried. CONSENT AGENDA Sterner pulled Item 6.g. Expenditure Approval from the Donation Account Parks Recreation Dept. for further discussion. Motion by Baxter. Second by DeBettignies. Motion to approve the consent agenda with the exception of Item 6.g. and the addition of add -ons. a. Minutes of the November 1, 2006 Special City Council Work Session Proceedings b. Minutes of the November 7, 2006 Regular City Council Proceedings c. blinutes of the November 13,2006 Special City- Council Proceedings d. Minutes of the November 15, 2006 City Council Work Session Proceedings e. Minutes of the December 4, 2006 Special City Council Proceedings f. Bills Listing g. E cp adi[ure _1p al ft t., D ..ativaa Arc.,,,. r— Falks Rcti. alien Dept. h. Budget Amendments (Resolution 2006 -127) i. 2007 Schedule of Rates and Fees (Resolution 2006 -128) 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 j. On Public Premise Liquor Licenses k. WSB Contract Renewal 1. Non -Union Wage Adjustments for 2007 m. Appointment of Port Authority Members n. 2007 Solid Waste Haulers Licenses o. Joint Powers Agreement for Waste Abatement Community Funding p. Final Payment #16, Meadows of Bloomfield 1 2 Street and Utility Improvements, City Project #351 q. Final Payment #7, 2006 Pavement Management Project, City Project #396 r. Final Payment #4, 2006 Pedestrian Facilities Improvements, City Project #400 s. Shafer Contracting Mineral Extraction Permit, 06 -05 -ME t. Commercial and Industrial Districts Zoning Text Amendment Clean Up, 06-60 TA u. Approve Final Payments for Fire Station No. 2 Contractors v. VEBA /Post Retirement Health Care Funding Plan (EELS Supervisory Unit) w. Acquisition of Easements Old County Road 38/132°' Court West, City Project #387 x. Waiver of right of first refusal to purchase FTTH franchise (Resolution 2006 -27) Ayes: DeBettignies, Droste, Sterner, Baxter. Nays: None. Absent: Shoe Corrigan. Motion carried. 6.g. Expenditure Approval from the Donation Account Parks Recreation Dept. Council Member Sterner pulled Item 6.g. to amend the amount of the pizza listed in the motion. He noted the amount of pizza should be $81.00. City Administrator Verbrugge stated the motion should read "Motion to approve the donation expenditure of $350 for DJ Services in November and $81 for pizza in October, for the Teen Night program Motion by Sterner. Second by DeBettignies. Motion to approve item 6.g. as stated by City Administrator. Ayes: Droste, Stemer, Baxter, DeBettignies. Nays: None. Absent: Shoe Corrigan. Motion carried. OLD BUSINESS 8.a. CSAH 42 and Akron Avenue AUAR, 06 -16 -CP City Engineer Brotzler stated that in February the City Council authorized the creation of the AL? AR for development north of County Road 42 along both sides of Akron Avenue. In September, the City Council authorized the release of the ALTAR for the 30 -day public comment period. He stated that Andrea Moffit, from WSB Associates, would be giving a presentation highlighting the comments received for the AUAR and to discuss the draft responses. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Ms. Moffit provided the Council Members with the update of the AUAR. She outlined the comments received and the draft responses. She noted the responses would need to be released to the commenting agencies for a final 10 -day review. After the 10 -day review period expires, staff will bring the final AUAR before the City Council in early February for adoption. Ms. Moffit stated the AUAR will guide development in the Akron Avenue area. Mayor Droste questioned if the unlicensed dump on the McMenomy's property was officially remedied. Ms. Moffit responded that a 1993 letter from Dakota County states the area that had issues were addressed and remedied. Mayor Droste questioned the transportation area of the plan. Mr. Brotzler responded that the draft transportation plan did include the area and the land use plan was included. He added that staff has had numerous discussions with County staff about the impacts to County Road 42, improvements to County Road 73 and other impacts to Highway 3. Mr. Brotzler stated that as development occurs knowing wh't improvements need to be made the City would have the ability to make the improvements at that time. Mayor Droste further questioned if the County had to approve the Transportation Plan dev eloped by the City.. Mr. Brotzler responded that while County approval is not the normal process, the County was given an opportunity to review and continent on the Plan. He was not aware of any comments received. Motion by DeBettignies. Second by Sterner. Motion to approve the responses to the comments received during the 30 -day public comment period of the CSAH 42 and Akron Avenue AUAR and authorize the release of the revised AUAR for a 10 -day agency review period. Ayes: Sterner, Baxter, DeBettignies, Droste. Nays: None. Absent: Shoe Corrigan. Motion carried. Mayor Droste stated he appreciated Ms. Moffit's hard work on the project. NEW BUSINESS 9.a. Rosemount Family Housing Community Development Director Lindquist reviewed the background of the project. Ms. Lindquist stated the Dakota County CDA has worked with Lennar, the developer of the property to the west, to provide joint access to the site from Connemara Trail. The CDA has a purchase agreement for the portion of the Outlot D of Evermoor Glendalough 7` Addition that would provide a direct access from Connemara Trail in the general location of the former Dodd Boulevard. Due to the additional property purchase, the CDA revised its concept plan so there are now 32 units. She further stated that CDA is requesting approval of the PUD Final Development Plan. The Final Plat for the development is expected in January 2007. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Ms. Lindquist stated that another issue was the drawings related to the elevations of the individual buildings project. Staff asked for modifications to the elevations to allow for architectural enhancements on the side and rear of the buildings. She noted that the CDA has added shake shingles and changes to the exterior materials which meet staff's expectations. The other request staff made was for additional landscaping along the Glendalough neighborhood and potentially along Hwy 3. She stated that the CDA was willing to work with staff to meet landscaping requirements. Council Member Sterner questioned if the project will meet LEED standards. Ms. Lindquist stated that the CDA will be able to address that question during their presentation. Mayor Droste inquired if the gas line was lowered this past summer. City Engineer Brotzler stated the proposed street crossing does nor require modification of the existing gas lines. Mayor Droste further questioned if the intersection and Connemara Trail to the north meet all codes. Mr. Brotzler responded the intersection and proposed alignment meet the expected requirements for a local street. He added staff worked with the CDA and Lennar to reach the solution which improved the access situation. Council Member Baxter stated that the previous concern at the Planning Commission level, from Lennar and residents was about the access plan. He noted that based upon the recent meetings not many comments were related to the access. Ms. Lindquist stated that her understanding was that Lennar was happy with the proposed access that it works for the neighborhood and furore development. Council Member Baxter inquired if based upon the addition of land and units if the density changed. Ms. Lindquist stated the density is 6.86 and that on a net basis the density is higher. Council Member Baxter questioned if any comments were received about the increase in density. Ms. Lindquist stated that the Planning Commission did not have comtents about the change in density. Council Member DeBettignies questioned the parking stall limit noting there were two extra parking stalls Ms. Lindquist responded that the management office requires the additional two parking stalls. Mark Ulfers, Executive Director of the Dakota County CDA and Kim Brethien, Architect for the project were present at the meeting. Mr. Brethien stated the CDA went further on the architecture of the project then normal. He stated they focused attention along Connemara Trail. Council Member Sterner questioned if the project would meet the LEED building standards. Mr. Brethien responded that there were two different LEED programs. The CDA could not meet the density for one of the LEED categories. He stated the CDA could apply the LEED standards for the insulation and becoming energy efficient. Mr. Ulfers added that a goal of the project is to make it energy star compliant. Mayor Droste stated it would be great for the County to meet the standards. City Administrator Verbrugge stated he was encouraged to hear the CDA is trying to incorporate the LEED standards into their project. 1 1 He added that energy and environmental design will be a big part of all development moving forward. Mayor Droste stated that the project has a very attractive design and layout from the Connemara side. He appreciated the modifications to the project architecturally Council Member Baxter stated he was supported the project moving forward. He added that staff and the CDA did a great job and that the project would be an asset to the community. He further stated a letter suggested that the minds of the City Council were made up to approve the project before the process began. Council Member Baxter stated that rarely is a project presented in a way for an up or down vote. He noted that opinions are expressed and discussed at work session and staff works with developers to make a project work. He mentioned that provision of affordable housing was a goal of the Council although the particular site was not a forgone conclusion. He thought the whole process was good for City in a lot of different ways. Council Member DeBettignies stated that the City Council did receive a copy of the letter Gene Rusco sent to the Planning Commission on November 25, 2006. Motion by Baxter. Second by Sterner. Motion by Baxter. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Motion to adopt a Resolution amending the Comprehensive Plan changing the land use designation for the site from Transition Residential to Urban Residential, subject to: approval by the Metropolitan Council rezoning the site from R -1, Low Density Residential PUD to R -2, Moderate Density Residential PUD. Ayes: Baxter, DeBettignies, Droste, Stemer. Nays: None. Absent: Shoe Corrigan. Motion Carried. (Resolution 2006 -129) Motion to adopt an Ordinance rezoning the site from R -1, Low Density Residential PUD to R -2, Moderate Density Residential PUD. Ayes: DeBettignies, Droste, Sterner, Baxter. Nays: None. Absent: Shoe Corrigan. Motion carried. Motion by Baxter. Second by DeBettignies. Motion to adopt a Resolution approving the Preliminary Plat subject to: 1. Dedication of right -of -way of Connemara Trail and the new Dodd Blvd. 2. Dedication of drainage and utility- easements completely over Outlot A and Oudot B. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 3. Dedication of appropriate drainage and utility easement over Lot 1, Block 1 subject ro approval by the City Engineer. 4. Approval by the Minnesota Department of Transportation as needed. 5. Conditions with the Engineering memorandum dated November 20, 2006. and further approving the Planned Unit Development Final Development Plan subject to: 1. Approval of the Comprehensive Plan Amendment from Rural Residential to Urban Residential by the Metropolitan Council. 2. Execution of a PUD agreement. 3. Incorporation of recommendations of the City Engineer regarding drainage, easements, grading, storm water management and utilities including: The applicant shall secure all permits agreements necessary for the proposed crossing or grading of the pipeline easements. The applicant will grade the new Dodd Blvd. as part of their project and provide a cash deposit to the City to pay for its future construction. No parking will be permitted on the streets and turning radius infonnation shall be provided subject to approval by the Fire Marshal. Additional storm water management detail is required including a maintenance plan for the rain gardens. Payment of connection and trunk fees required. 4. Park dedication in the form of cash in lieu of land in the amount of $108,800. (32 units x $3,400 per unit) based upon the 2006 fee schedule. 5. Approval and receipt of permits from the Minnesota Department of Transportation as needed. 6. Eighteen common parking spaces shall be provided, based upon sixteen for the 32 units and two for the office. 7. The applicant provide at a minimum, a setback of 20 feet between the units and the private streets which will be sufficient for driveway parking. This requirement is in recognition of the single stall garages proposed for the individual units. 8. Provide a minimum of a 20 -foot setback for the off street parking stalls and the new Dodd Blvd right -of -way. 9. Any revisions necessary to the landscaping plan to conform to the sight triangle standards for visibility at intersections will be required for all public and private intersections within the development. 10. The applicant provide a final site plan and grading plan addressing listed conditions for staff review and approval prior to issuance of a grading permit. Ayes: Droste, Sterner, Baxter, DeBettignies. Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2006 -130) Motion by Baxter. Second by Sterner. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 19, 2006 Motion to adopt a Resolution authorizing the City Engineer to prepare Plans and Specifications for Dodd Blvd. subject to the deposit of money by the Dakota County Community Development Agency. Ayes: Sterner, Baxter, DeBettignies, Droste. Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2006 -131) Mayor Droste thanked the CDA for working with City staff to address the issues. He wished the CDA the best of luck in moving forward with the project. Mr. Ulfers commented the project will be attractive development and will incorporate some LEED standards. He added that City staff was great to work with and the CDA was thankful to the City Council for approving the project. ANNOUNCEMENTS City Administrator Verbrugge acknowledged and thanked the Council Members that attended the City staff holiday luncheon on December 19. Council Member Baxter stated it was a privilege to be invited and he was delighted to attend. He thanked staff for their fine work they do for the City of Rosemount. Council Member DeBettignies echoed Mr. Baxter's comments and wished all Rosemount residents a Merry Christmas. Mayor Droste reviewed the calendar of upcoming events and stated the next regular City Council meeting is January 2, 2007. He added that City Hall will be closed on December 25, 2006 and January 1, 2007. He closed by wishing all residents a safe and joyous holiday. ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Mayor Droste, Second by Sterner, the meeting was adjourned at 8:19 p.m. Respectfully Submitted, Amy Domeier, City Clerk