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HomeMy WebLinkAbout34477 - JANUARY - DECEMBER 2007CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, January 2, 2007, 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 Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Director of Parks and Recreation Schultz, Building Official Strand, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. Motion by Droste. Second by Shoe Corrigan. Motion to approve proclamation. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 2007 Additions or Corrections to the Agenda City Administrator Verbrugge stated there were no additions or corrections to the Agenda. Motion by Droste. Second by Stemer. Motion to adopt the Agenda. Ayes: 5. Nays: 0. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Oaths of Office for Mayor and Council Members City Clerk Domeier administered the Oath of Office to the William H. Droste to begin the term as Mayor for four years. Mayor Droste administered the Oaths of Office to Kim Shoe Corrigan and Mark DeBettignies to begin their terms as Council Members for four years. 5.b. Proclamation of National Mentoring Month Mayor Droste stated that for the sixth year community leaders across the nation are identifying the month of Jarman- as National Mentoring Month. He provided the background and contact information for the Kids 'n Kinship organization. Mayor Droste asked that a proclamation be approved to declare January as National Mentoring Month in Rosemount. 5.c. Recognition of Alan Strand, Employee of the Year City Administrator Verbrugge stated in 2003 the City Council began a program that honors the employee of the year Alan Strand, the Chief Building Official, supervises the building inspectors that handle new construction, commercial activity, and improvements of existing homes and businesses. Mr. Verbrugge stated that Mr. Strand does a tremendous job coordinating the work of the building department. He added that Mr. Strand has served as a landlord for City owned property, and as the project manager of the City Hall remodel and Fire Station No. 2 project. Mr. Strand thanked the City for their consideration. He stated that after seven years he still looks forward to coming to work and enjoys working with his fellow employees at City Hall. He added that he truly appreciated receiving the award. Mayor Droste congratulated Mr. Strand on the award and stated he appreciates Mr. Strand's expertise and experience as a building official which are a tremendous asset to the City. CONSENT AGENDA Motion by Baxter Second by Shoe Corrigan. Motion to approve the Consent Agenda. a. Minutes of the November 21, 2006 Regular City Council Proceedings b. Minutes of the December 5, 2006 Regular City Council Proceedings c. Bills Listing d. Appointment of Acting Mayor e. Appointment of \'eed Inspector f. Designation of Official Newspaper g. Naming of Depositories Financial Institutions (Resolution No. 2007 -01) h. Solid Waste Haulers Licenses i. Final Payment #13, Meadows of Bloomfield 3' Street and Utility, City Project #380 j. Approve John Powers Agreement for 2007 Traffic Markings, Cracksealing and Sealcoating k. Receipt of Donation from Dakota Electric for the St. Joseph Task Force 1. Transfer /Loan Flexible Spending Account Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JANUARY 2, 2007 ANNOUNCEMENTS City Administrator Verbrugge on behalf of City staff stated his best wishes for the City Council and residents for a wonderful and prosperous new year. Mayor Droste reviewed the calendar of upcoming meetings. The next regular City Council meeting will be held on January 16. Mr. Verbrugge added that the City Council will hold an open house on January 20 from 10:00 a.m. to noon. The purpose of the open house is for City Council to engage with members of the public on what is going on in the City. He added the location of the open house will be determined soon and more information would be available to the residents. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste, Second by Sterner, the meeting was adjourned at 7:45 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 10, 2007 Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Wednesday, January 10, 2007, at 6:43 p.tn. in the Conference Room at City Hall, 2875 145' Street \Vest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were Cite Administrator Verbrugge, Assistant City Adn Foster, City Engineer Brotzler, Police Chief Kalstabakken, Director of Parks and Recreation Schultz and City Clerk Domeier. Andi Moffit and Phil Belfiori of \k'SB Associates were also present. Fuiance Director May entered the meeting at a later time. CHANGES OR ADDITIONS TO THE AGENDA City Administrator Verbrugge stated that the update on the Pandemic Flu Mini Grant would be moved to the beginning of the Agenda. UPDATE 3.B. Pandemic Flu Mini -Grant Chief of Police kalstabakkcn stated the mini -grant for $12,1100 was approved. He stated the overall goals of the nutu -grant initiatives. He added that Merle Lohse was hired as a consultant for the project. Mr. Lohse will work to meet the grant requirements and developing educational materials. Staff will conduct community meetings and the distribution of educational information. DISCUSSION 2.A. Alternative Stormwater Management Techniques City Engineer Brotzler provided background on the different approaches to stormwater management that have been considered or implemented with projects in the City. He added that the City is very advanced with the alternative stormwater management techniques based on the required development of infiltration basins in newly developing areas. Andi Moffatt and Phil Belfiori of \VSB Associates were present to introduce the Fact Sheers provided to City Council and to respond to any questions. Mr. Bclifiori discussed the benefits and potential drawbacks of NURP Ponds, Infiltration Basins, Rain Gardens, RESTORE Ponds, and Dry Ponds. Ms. Moffit discussed the benefits and potential drawbacks of Sand Filters, Underground Storage /'Infiltration Systems, Vegetated Swaless and Filter Strips, In -bite Treatment Structures, Rural Street Curb Sections, Pavers and Green Parking Lots, Porus Pavements, Rain Barrels, Green Roofs. Ms. Moffit further explained Land Use Management and the Buying and Selling of Pollution Load Credits. Ms. Moffit also noted a summary of the techniques was provided with the fact sheets. Mr. Brotzler requested direction from the City Council in moving forward. Discussion was held regarding the draft requirements for the commercial development at CSAH 42 and Akron Avenue. Mayor Droste suggested working with the horticulture class at the University of Minnesota to do some planning and prairie restoration for existing developed parks and green areas within the city. City Administrator Verbrugge added that based upon 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 10, 2007 what Council Members have seen at conferences that the City should look at the different components of sustaihability ih moving forward with planning and park construction. He added the CM should do it in bite size pieces so that in a year or two we would have a broad picture and a comfort level in incorporating the different standards into a policy. Council Member Shoe Corrigan stated she preferred to see more work on RESTORE ponds incorporated into plan in less than two years. Council Member Baxter added he felt adding RESTORE ponds is a good goal. Council Member Sterner stated he would prefer to see more trees downtown as part of vegetation and providing more green areas. The City Council was interested in moving along with the alternate techniques. Mr. Verbrugge cautioned to take private sector into consideration to avoid a chilling effect on development. He added the City should bounce ideas of the development community in moving forward and obtain some feedback before jumping M. 2.B Lebanon HiIIsNRWMO Memo City Engineer Brotzler questioned if the City could receive money from the Vermillion River Watershed if the Council Members would consider contributing some of the money to the Lebanon Hills project. Council Member Sterner was not interested in that option. Mayor Droste was interested and stated this option would not require new money from the taxpayers. Council Member DeBettignies questioned if the City is eligible to receive the money from the watershed. DIr. Brotzler provided further background. City Administrator Verbrugge stated that the City of Rosemount is not legally obligated to participate in solving the Lebanon Hills problem. Council Members shared their concerns with paying the price for someone else's mistakes. Mr. Verbrugge did suggest that participating for political reasons and to continue ongoing relationships with neighboring cities may have some benefit. Council Member Shoe Corrigan stated she understood that the park is an amenity but questioned if the other cities are thinking of political fairness. Council Member Baxter added the City will need the county if the Air Cargo facility and U lore Park plans move forward. Council Member Shoe Corrigan stated her desire to protect the residents and questioned what a fair amount is to contribute and what happens to the money paid into the watershed. Mr. Brotzler stated should the City reach an agreement with the watershed for the reallocation of watershed tax revenue to Rosemount. That agreement will likely stipulate that the City financially participate in the LHRP project. Mr. Brotzler outlined the three options in moving forward as proposed in the draft letter. Mr. Verbrugge stated a special taxing district could be set up. He added that taxes are deductible but the utility charges would not be. Mr. Verbrugge stated if the City Council is taking the position of not participating, the City needs to address it to the board at the Vermillion River NVatershcd meeting. Mayor Droste stated it would he hugely detrimental to the citizens if the City did not participate. Council Member Shoe- Corrigan stated it would be a lot of money to for citizen at an approximate $70 -75 per household. Council Member 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 10, 2007 DeBettignies stated his frustration that no one has admitted fault and taken responsibility for the issue at hand. Mr. Verbrugge questioned if the City Council was comfortable with the letter as proposed. The City Council was in agreement but Council Member Shoe- Corrigan stated the City Council needs to protect the residents. Mayor Droste stated that money from the watershed would not be an additional cost to the taxpayer. Council Member Sterner stated he was not sure of the County's position and stated this issue is an injustice to Rosemount. He questioned what made using acreage fairer than the usage of the park. Council Member Shoe- Corrigan questioned the thoughts of the Commissioner. She also questioned what the recourse would be if the City decided not to participate. Council Member DeBettignies stated the City Council needs to be confident of its decision and stating the reasoning to the residents. 2.C. CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 City Engineer Brotzler requested City Council consideration to authorize the preparation of plans and specifications and Dakota County preparation of a joint powers agreement. City Council directed staff to move forward and requested that the pedestrian crossings at the intersection be evaluated. Mr. Brotzler stated the project would be a New Business item at the January 16 regular meeting. City Administrator Verbrugge noted this item is an example of where public conuuent was brought forward and therefore a decision was made by the City Council to move ahead in addressing public concerns. UPDATES 3.A. HR Issues Assistant City Administrator Foster presented four human resource issues to the City Council for discussion. Social Security Extended to DCP Covered Elected Officials Ms. Foster provided an update on the legislative changes and stated the Council Members could decide whether to contribute to both Social Security and DCP. If the Council Members would decide to conuibute to both, a resolution would need to be adopted. Council Members Sterner and Baxter voted to contribute to both. Council Member DeBettignies desired to make PERA an elective choice. Ms. Foster stated that if a new resolution is adopted Council Member would be required to contribute to both options. The Council Members decided not to make any changes to their contributions at this time However, they requested information on their current deferred compensation plans. HIPAA Requirements Ms. Foster distributed the proposed resolution approving the HIPAA policy and designating the Assistant City Administrator as the Privacy Officer. She provided further background on the policy and the purpose of the proposed resolution. City Administrator Verbrugge added the City had been practicing the policy but would be formally engaged in the policy by 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 10, 2007 adopting a resolution. The City Council directed staff to bring the item to the City Council for approval when the City Attorney's office has reviewed the program. 2007 Pay Equity Implementation Report for 2006 Compliance Ivls. Foster stated the pay equity report is due to the Department of Employee Relations every three years. Mr. Verbrugge provided background on the purpose of the report and noted the report is a tool to make adjustments to the compensation plan. Council Member DeBettignies questioned why the years of service were not plugged into the report. Ms. Foster responded that years of service are not required but stated that longevity is plugged into the report. The City Council directed staff to bring the report to the January 16, 2007 meeting for approval. VEBA Grant Administration Nir. Verbrugge provided background on the VEBA Grant Administration and the intent to level the playing field for all employees. Council Member Baxter questioned why the cutoff was for 2004 employees. Finance Director May stated in 2004 employees experienced the change in insurance coverage. The Council Members were in agreement with the grant match as proposed and directed staff to bring the item to the January 16, 2007 meeting for approval. 3.C. Others OSA Letter: City Administrator Verbrugge stated the City received a letter from the previous State Auditor regarding the arena operating at a deficit. City staff contacted Spingsted and our auditor regarding the Arena Enterprise Fund operations. Mr. Verbrugge distributed a draft response letter to the Auditor's office and added the enterprise fund allows the City to account for depreciation and fund the arena through user charges. The City Council was in agreement with the draft response and directed staff to send the letter. Legislative initiatives: City Administrator Verbrugge stated that at this tune the City does not have any legislative initiatives that are City related. Mayor Droste stated the legislative committee for the Nlin nesota Zoo is asking for an unknown amount of money in the bonding bill. Council Nlember Sterner expressed his interest in the State funding to the City. Mr. Verbrugge explained the market value homestead credit from the State to reduce the City's liability-. Discussion also ensued regarding the Robert Street area. Mr. Verbrugge stated it was part of last year's bonding bill and a study is being done this year to figure out how it fits into the region wide network. He added the movement this session is to do a regional sales tax on transportation to encompass larger projects. He reminded City Council that Larry Laukka was appointed to be the Rosemount member to serve on the steering committee. DCC Board: Mayor Droste will continue to serve on the board with Council Member DeBettignies as an alternate. City Administrator Verbrugge will bring the appointments to the City Council on January 16. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 10, 2007 Library: City Administrator Verbrugge shared that the Joint Power Agreement for the library would be on the January 16 agenda for approval. He added the name selection for the library is "Robert Trail Library Technology Task Force: City Administrator Verbrugge requested City Council patience in moving forward with the technology' issue. He stated he would like to talk about the technology issues at the goal setting session and design a process in moving forward. He added that technology issues both internally and externally would need to be evaluated. Goal Setting Session: The Goal Session for 2007 was tentatively scheduled for January 26 from Noon to 4:30 p.m. and January 27 from 8:00 a.m. to Noon. It was decided that only the Council Nlembers and City Administrator Verbrugge would attend the Friday session and senior management would att end the Saturday session. Mr. Verbrugge added he would suggest holding another session in April to discuss the results of the City survey. Additional State Auditor Update: Finance Director May provided background information on the fund balances figured out by the City and those figured out by the State. He stated that with the City's special revenue hinds it shows that the City has a 107.4 percent balance. He further explained the fund balance policy. ADDITIONAL UPDATES Mayor Droste requested that new monuments to the City would be on the agenda this year for discussion. ADJOURNMENT There being no further information to come before the City Council and upon motion by Mayor Droste, the meeting was adjourned at 10:25 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, January 16, 2007, 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, City Attorney Tietjen, Assistant City Administrator Foster, City Engineer Brorzler, Community Development Director Lundquist, Director of Parks and Recreation Schultz, Communications Coordinator Cox and City Clerk Domeier. A recording of the Rosemount High School Marching Band's version of the National Anthem was played in lieu of stating the Pledge of Allegiance. ADDITIONS OR CORRECTIONS TO AGENDA Ciry Administrator Verbrugge noted the additional information added for item 9.d. Approval of Rosemount Hills 5` Addition Preliminary Plat and Variance, 06- 45 -PP -V. Motion by Droste. Second by DeBettignies. Motion to adopt the agenda. Ayes: 5. Nays: 0. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Commendation of Rosemount High School March Band for State Championship Mayor Droste stated the Rosemount High School Marching Band's long history of excellence that culminated in the fall with the band's victory at the Youth in Music Marching Band Championship in Minneapolis. The marching band also received recognition for Outstanding Winds and Outstanding Color Guard. Mayor Droste presented a certificate of commendation to Steve Olsen, the band director and Stefanie Berkobec, a marclung band representative. Mr. Olsen thanked the City Council for the recognition and stated the band was proud to represent the community and school. CONSENT AGENDA Council Member Shoe- Corrigan pulled items 6.r. Irish Sports Dome CUP Annual Review and 6.s. Approval of Final Plat of Rosemount Family Housing, Subdivision Agreement and PUD Agreement, 06 -57 -FP for further discussion. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the consent agenda with the exception of items 6.r. and 6.s. a. Minutes of the December 13, 2006 Special City Council Proceedings b. Minutes of the December 13, 2006 Work Session Council Proceedings c. Minutes of the December 19, 2006 Regular City Council Proceedings d. Minutes of the January 2, 2007 Regular City Council Proceedings 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 e. Bills Listing f. Personal Leave of Absence for Firefighter g. Pay Equity h. \'EBA Grant Administration i. Appointment of SKB Class I Trustee (Resolution 2007 -02) j. Appoint Directors Dakota Conununications Center k. Charitable Gambling Premise Permit Renewal for the Rosemount Lions Club (Resolution 2007 -03) 1. Amendment to the 2007 Schedule of Rates and Fees (Resolution 2007 -04) m. 2007 Solid Waste Haulers Licenses n. On -line Registration Service Agreement o. Receive Donation Parks Recreation Dept. p. Change Order #1 —Well House #14, City Project #382 y. Change Order #2— Evermoor Glendalough 7 Addition, City Project #401 r. Irish Sports Dome CUP Annual Review s. Approval of Final Plat of Rosemount Family Housing, Subdivision Agreement and PUD Agreement, 06 -57 -FP t. IJT Business Park Second Addition Preliminary and Final Plats, 06 49 PP and 06 30 FP Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.r. Irish Sports Dome CUP Council Member Shoe- Corrigan stated her concerns with the parking lot. She suggested the owner should be required to add the additional pavement to bring the parking lot up to the standard expected throughout the City. Mayor Droste stated the addition of pavement is a reasonable request. Council Member Shoe- Corrigan stated further concerns with the breakdown and deterioration of the parking lot; it becomes unsightly for the buildings in the near proximity. City Engineer Brotzler stated the pavement as depicted in the photos that were included in the staff report is an inch to an inch and a half below the lip of the gutter. Because of the lip of the gutter when it does rain all the rain does not drain to the catch basins. He added that a final lift of blacktop would be flush or above the curb so that surface runoff would drain to the stormwater system. NIr. Brotzler stated that from a process standpoint, at the time the project was completed the applicant was allowed to use the facility before the final lift of pavement was done. Council Member Shoe Corrigan recommended the conditions be amended to include that pavement will be added to the parking lot. Council Nlember Baxter was in agreement. Mayor Droste questioned if the conditions could be modified. Ms. Lundquist responded that the conditions outlined in the staff report include what is expected of the developers. Council Member DeBettignies questioned if this annual review would find the property to be in non compliance. Ms. Lindquist stated that the conditions are apical construction 1 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 standards. Council Member DeBettignies stated the pavement should be equal to the curbing to ensure proper drainage. Mayor Droste stated that because of the uniqueness of the facility in that it is private entity but used as a public facility there is a need to resurface sooner than normal. He added that the better it's maintained the more people who will use the facility. Ms. Lindquist stated that when a developer is ready to obtain thew: Certificate of Occupancy given the time of the year they may not have the ability put a second lift down. She stated there is a dispute as to whether or not a second lift was done. The owner has undicated to staff that they did have a second lift. Mayor Droste suggested that condition 3 in the staff report include a deadline date. Council Member Sterner suggested a November 1, 2007 deadline. Council Member DeBettignies questioned the City Engineer if that was an appropriate timeline. Mr. Brotzler responded the weather may dictate when a second lift can be placed but noted that most bituminous plants close by mid November. Motion by Shoe Corrigan. Second by DeBettignies. Motion to approve the annual review of the Irish Sport Dome provided: 1. Continued rental of Schwarz Pond Park during large events to provide overflow parking. 2. Removal of silt fence on the west end of the stormwater pond. 3. Add pavement to the parking lot to provide for proper drainage by November 1, 2007. 4. Outdoor storage is not allowed; existing storage should be removed by March 1, 2007. Ayes: Shoe Corrigan, Droste, Stemer, Baxter, DeBettignies Nays: None. Motion carried. 6.s. Approval of Final Plat of Rosemount Family Housing, Subdivision Agreement and PUD Agreement, 06 -57 -FP Council Member Shoe- Corrigan stated that tonight the City Council would be making the final approval for the high profile project at Connemara Trail and Highway 3. She pulled the item to bring the viewer's attention to the item so they were aware that the project would be moving forward. Motion by Shoe Corrigan. Second by DeBettignies. Motion to adopt a resolution approving the Final Plat of Rosemount Family Housing. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan Nays: None. Motion carried. (Resolution 2007 -05) 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 Motion by Shoe Corrigan. Second by DeBettignies. Motion to authorize execution of the Subdivision Agreement and Planned Unit Development Agreement with Rosemount Family Housing Limited Partnership. Ayes: Stemer, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. PUBLIC HEARINGS 7.a. Chinchilla Avenue Vacation, 06 45 PP Community Development Director Lindquist reviewed the staff report. She noted that the easement vacation was tied to the Rosemount Hills 5`h Addition Preliminary Plat. She added that the Variance was approved by the Board of _Appeals and Adjustments at its December 26, 2006 meeting. Mayor Droste invited the applicant to come forward. Paul McGinley with Loucks Associates represented the applicants. He stated the Tappers have reached agreements with the neighbors for the vacated area and the access agreements. Mayor Droste opened the public hearing. Motion by Droste. Second by Baxter. Motion to close the public hearing. Ayes: 5. Nays: 0. Motion carried. Council Member Shoe Corrigan supported the easement vacation. Council Member Sterner questioned if the item should be deferred until item 9.d. had been discussed. Mayor Droste stated he understood the reverse order of the agenda and found no reason to withhold a motion. Motion by DeBettignies. Second by Baxter. Motion to adopt a resolution approving the Vacation of the Right -of -Way of Chinchilla Avenue south of the cul -de -sac lying south of 127 Court \Vest. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. (Resolution 2007 -06) 7.b. Vacation of the Drainage and Utility Easements Outlot D of Glendalough 7` Addition Cotrununity Development Director Lindquist reviewed the staff report and stated that before the final plat for Rosemount Family Housing can be recorded, the drainage and utility easement over Outlot D of Evermoor Glendalough 7` Addition must be vacated. 1 1 Mayor Droste opened the public hearing. Motion by Droste. Second by Sterner. Motion to continue We public hearing to April 17, 2007. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 Mayor Droste invited the applicant to come forward. The applicant had no comment Mayor Droste opened the public hearing. Motion by Droste. Second by DeBettignies. Motion to close the public hearing. Ayes: 5. Nays: 0. Motion carried. Motion by Baxter. Second by Sterner. Motion to adopt a resolution approving the vacation of the drainage and utility easements on Outlot D of Evermoor Glendalough 7`'' Addition subject to one condition: 1. The vacation of the drainage and utility easements on Outlot D of Evermoor Glendalough 7 Addition is effective only upon the recording of the Final Plat of Rosemount Family Housing. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion Carried. (Resolution 2007 07) 7.c. JJT Business Park First Addition Easement Vacation Connnunity Development Director Lundquist recommended continuing the public hearing to April 17, 2007 due to the applicant's requested extension of the preliminary and final plat applications to that date. NEW BUSINESS 9.a. Joint Powers Agreement City Administrator Verbrugge stated the City and the County must enter into a John Power Agreement for the acquisition and transfer of land, design and construction, and ongoing maintenance and operations of the Rosemount branch Dakota County Library. Mr. Verbrugge took a moment to celebrate the great story about the library by providing the background leading up to this point in the process. He also outlined the terms of the Joint Powers Agreement. 1 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 Council Member Sterner questioned if the naming rights could be the City's choice. Mr. Verbrugge stated that the County Board acted last week and named the library "Robert Trail Library." Mr. Verbrugge did note that the plat for the library site would be called the "I ilcrumreragh Addition Council Member Shoe- Corrigan added that the City also recommended naming the library \Vesuneath or Murphy; however, the County Board tends to name libraries by the street on which it is located. Council Member Baxter stated that with the naming of the library aside, the project is a good example of where units of government have worked together to get the maxinum benefit to the citizens. He complimented members of the library design comrnittee on their good work and gave special recognition to Council Member Shoe Corrigan and Community Development Director Lindquist. Council Member Shoe Corrigan announced that a library design open house would be held on Monday, January 29 at the Community Center. She added that the church and the rest of the property will remain in City Ownership and the only land going to the County is where the library is being construction. She also stated she has enjoyed the exciting experience of serving on the library design committee. Motion by Shoe Corrigan. Second by Sterner. Motion to approve the Joint Powers Agreement for Acquisition of Land for Public Library in Rosemount, Minnesota. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. 9.b. Receive Feasibility Report/Authorize Preparation of Plans Specs -Flint Hills Sanitary Sewer Extension, City Project #406 City Engineer Brotzler stated the scope for the project includes extension of sanitary sewer from the existing Metropolitan Council Environmental Services line north approximately 7,9011 feet to service the Flint Hills Resources administration building. The scope also includes the extension of water main from the existing trunk water math located on the east side of Trunk Highway52 to service future warehouse located on the Flint Hills Resources campus. He provided a brief review of the proposed improvements and funding for the location, sanitary sewer improvements, watermain, stormsewer and construction costs. Council Member Shoe- Corrigan questioned if the $500,000 the City was contributing to the project would be recouped at a later time. Mr. Brotzler responded that at the time Flint Hills acquires a building permit, they will be required to pay trunk area sewer charges and the City will be collecting additional fees with future development. Mayor Droste questioned if the frontage roads were taking into consideration with the placement of the sewer lines. Mr. Brotzler stated the protection the City would have would be the easements that would predate any acquisition by MnDOT. 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 Council Member DeBettignies questioned if Union Pacific's new track included jackings underneath. Mr. Brotzler stated there were not jackings and therefore there would have to be a fresh start. Motion by Baxter. Second by Shoe Corrigan. Motion to Adopt a Resolution Receiving the Feasibility Report and Ordering Plans and Specifications for Flint Hills Sanitary Sewer Extension, City Project #406. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. (Resolution 2007 08) 9.c. Authorize Preparation of Plans Spec's -42 /Shannon Parkway Intersection Improvements, City Project #412 City Engineer Brotzler provided a background of the project and plan specifications going fonvard to correct the issues at the CSAH 42 /Shannon Parkway intersection. He also reviewed the cost estimate and proposed funding split with Dakota County. Council Member Shoe Corrigan questioned if the site lines for the left hand turns coming north and south would be improved. Mr. Brotzler stated the site lines would be improved by shifting southbound traffic on Shannon Parkway further to the right. Mayor Droste shared his concerns with the pedestrian crosswalks and stated the any enhancements to the crosswalks and the intersection is well worth it. Council Member DeBettignies also stated his concerns with the southeast corner of the intersection. Mr. Brotzler stated he will look into the Council Member concerns with the pedestrian crossings. City Administrator \'erbrugge stated this project is a great example of where citizens with issues about the intersection carne fonvard asking the City Council to improve the issues. He reminded the residents that the local City government is closest to the residents and that residents may have an impact on how issues are resolved. Motion by Shoe Corrigan. Second by Sterner. Motion to Adopt a Resolution Ordering Plans and Specifications for 42 /Shannon Parkway Intersection Improvements, City Project #412. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Resolution 2007 09) 9.d. Rosemount Hills 5 Addition Preliminary Plat, 06- 45 -PP -V Kim Lindquist reviewed the staff report and stared the applicant, John Tapper, was proposing to subdivide an approximate 11 acre parcel into two niral residential lots that would be served by a 22 foot wide private street and individual wells and septic systems. Ms. Lindquist reviewed the street layout and design, stormwater runoff, wetland and wetland 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS JANUARY 16, 2007 buffer impact, tree removal and the previously approved variance. Staff recommended approval of the preliminary plat for Rosemount Hills 5 Addition. Council Member Shoe Corrigan stated her concerns with the wetlands. She questioned if the conditions in the motion satisfy the City's ability to address the latest stonmvater techniques to minimize the impacts to the wetlands. City Engineer Brotzler stated the culvert located underneath the private driveway and the narrower driveway reduced the grading in the area and reduced the impact to the wetlands. Mr. Brotzler stated the project will require a subdivision agreement that will include letters of credit to ensure the final improvements are completed as approved by the City Council. He added that a conservation easement is also required to be in place over the wetland and wetland buffer area. Ms. Lindquist stated that rain gardens and stormwater runoff ponds are included in the proposed project. Council Member Sterner was concerned about the amount of trees proposed to be removed. He questioned if during the design process the amount of trees removed could be mitigated. Ms. Lindquist stated that would be a possibility and noted that the tree numbers are estimates and the footprints of the home could change during the process. Motion by Baxter. Second by Shoe Corrigan. Motion to adopt a resolution approving the Preliminary Plat of Rosemount Hills 5`" Addition subject to conditions 1 through 10. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays. None. Motion carried. (Resolution 3007 -10) ANNOUNCEMENTS Droste reviewed the upcoming meetings on the City Council calendar. The next regularly scheduled City Council meeting will be held on February 6, 2007. ADJOURNMENT There being no further information to come before the City Council and upon motion by Mayor Droste, the meeting was adjourned at 9:03 p.m. Respectfully Submitted, Amy Domeier, City Clerk CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 6, 2007, 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. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Foster, City Engineer Brotzler, Director of Parlcs and Recreation Schultz, City Attorney LeFevere and City Clerk Domeier. The pledge of allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated a revised contract for Item 6.g. Professional Services Contract for Emergency Planning was provided to Council Members for review. The City Council was asked to approve the Professional Services Agreement with the added provision that Tenns #9 and #10 meet the approval of the city attorney prior to signature. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the modification for 6.g. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2007 CONSENT AGENDA Mayor Droste pulled Item 6.h. Receive Feasibility Report /Set Public Hearing Street Improvements Project, City Project #410 for further discussion. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt the Consent Agenda with corrections to Item 6 g. and the removal of Item 6.h. a. Minutes of the January 10, 2007 Work Session Proceedings b. Bills Listing c. HIPPA Program (Resolution 2007 -11) d. Approve Final Payments for Fire Station No. 2 Contractors e. Community Center /Armory Lease Agreement f. Public Health Preparedness Planning Grant Resolution (Resolution 2007 -12) g. Professional Services Contract for Emergency Planning i. Proposed Vehicle and Equipment Purchases j. Authorize Ad for Bid Painting of Connemara Tower, City Project #411 k. Kilcumreragh Addition (Robert Trail Library) Preliminary and Final Plat, 07- 01 -PP -FP (Resolution 2007 -13) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion approved. 6.h. Receive Feasibility Report/Set Public Hearing Street Improvements Project, City Project #410 Mayor Droste provided background on the City project. City Engineer Brotzler stated the feasibility report included the 2007 -2010 Street Improvement Program and 2007 Improvement Program Project. The report addresses the reconstruction and bituminous pavement rehabilitation of streets within the City that have 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2007 been identified by the Pavement Management Program and includes a recommended schedule. He added that the map included in the report would be available the City's website. Mr. Brotzlex highlighted the proposed areas for improvement in 2007. Following the public heating on February 20, future action will include sending a letter to residents involved in the project as well as updating the City's website to include the anticipated multiyear time frame moving forward. Motion by Droste. Second by Shoe Corrigan. Motion to Adopt a Resolution Receiving the Feasibility Report and Setting a Public Hearing for the Street Improvements Project, City Ptojcct #410. Ayes: Shoe Corrigan, Dtoste, Stemer, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2007 -14) OLD BUSINESS CSAH 42 /Akron AUAR, Case 06 -16-CP Andi Moffit of \VSB Associates stated the final comment period for the CSAH 42 /Akron Avenue AUAR ended January 12, 2007 with no objections. Ms. Moffit summarized the comments received from Mn /DOT, Dakota County, the Metropolitan Council and the US Corps of Engineers. Since there were no objections to the AUAR, the item before the City Council was to officially adopt the final AUAR with the minor changes reflected in the Mn /DOT comments. Mayor Droste questioned if the organizations concerned have to specifically use the word "object". Ms. Moffit responded if an organization objects to the project, specific reasons for the objection must be provided. Motion by Shoe Corrigan. Second by Baxter. Motion to adopt a resolution adopting the Final CSAH 42 /Akron Avenue Urban Areawide Review. Ayes: Droste, Sterner, Baxter, DeBcttignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 2007 -15) Mayor Droste thanked Andi Moffit for her dedicated work on the project and the process moving forward. ANNOUNCEMENTS Mayor Droste announced that Flint Hill Resources donated 57 acres of land to the City of Rosemount to build an outdoor athletic complex. He added the City is tremendously fortunate and grateful for this donation. Mayor Droste also thanked City Administrator Verbrugge and Diane Koebcle of Flint Hills Resources for their work on making the project possible. Mayor Droste reviewed the calendar of upcoming meetings. The next regular City Council meeting will be held on February 20, 2007. 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 6, 2007 ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste and second by Sterner, the meeting was adjourned at 7:48 p.m. Respectfully submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS WORK SESSION FEBRUARY 14, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Wednesday, February 14, 2007, at 6:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Also in attendance were City Administrator Verbrugge, Community Development Director Lindquist, Planner Lindahl and City Clerk Domeier. DISCUSSION 2.A. Lennar Corporation Glendalough PUD Amendment Planner Lindalil provided background to the project. lac Liberacki and Teresa St. Amant were present on behalf of Lennar Corporation. Lennar Corporation was proposing to add four new housing products to the current portfolio of homes available in the Evermoor Glendalough neighborhood. Mr. Lindahl described the elevations and floor plans proposed for the new American Heartland Series. He stated that staff was looking for feedback on the proposed change in architecture and amended setbacks. Council Member DeBettignies was concerned with the impervious surface standards. Mr. Lindahl pointed out on aerial photos of the neighborhood that the housing products with the garage behind the homes or side loaded push the envelope on the unpervious surface coverage. Ms. St. Amant added that the garages are tucked into the honkies in hopes that it wound eliminate homeowners having to add storage sheds. Mr. Lundahl stated that even with a 25 foot setback there would be less impervious surface. Council Member DeBettignies was also concerned with the length of the driveways and if vehicles could park un the driveway and not go into the sidewalk space. Ms. St. Arrant stated that a typical large vehicle is 19 feet long and that the driveways would be up to 22 or 23 feet long. Council Member Shoe Corrigan stared the original intent of the neighborhood was to have a flavor of housing that was similar to the Liberty on the Lake development. Due to the modifications to the home styles, the housing does not match the original N.D. She added the style of home and the adjusnnent in setbacks would not match the homes that currently exist in the neighborhood. The neighborhood was not supposed to reflect a typical suburban neighborhood and doesn't match what the current residents bought. Council Member -Shoe Corrigan stated she would not support the amendment. Mayor Droste questioned if the style of housing is just not selling locally or if it's a problem nationally. Mr. Liberacki stated that they have a similar neighborhood in Stillwater with the revised product. Ms. St. Amant added that the new housing style also exists in Plymouth and Maple Grove. She added that every division of Lennar Corporation handles their own designs locally. She further added that the new housing styles would meet the requests of home buyers and the trend in the current market. Mayor Droste expressed his concerns as to how the Cobblestone Lake development is continuing to build homes but this development is not selling homes. Mr. Liberacki noted that home buyers are getting more square footage for thew dollar at Cobblestone Lake. Ms. St. Arrant added that the Bratjen Farms developer has approached Lennar to build this proposed style of homes at that location. Mr. Liberacki further stated that he felt the proxinvty between Rosemount and Bratjen Farms would be too close and they have decided to continue to only have this product available in Rosemount. Community Development Director Lindquist explained the elevations for the models that are currently available She spoke of the changes in materials that were added and noted the changes addressed some of the concerns raised when Lennar had approached the City some time ago asking for similar consideration of additional building styles. Ms. Lindquist said the issue is more related to the setbacks and she provided descriptions of the garage and front porch setbacks. 1 �l 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION FEBRUARY 14, 2007 Council Member Shoe Corrigan stated that the elevations still do not meet the original spirit of the PUD. She also stated the neighborhood would resemble other neighborhoods in Rosemount and that the City owes it to the current neighbors to finish the neighborhood the way it was intended to look. Council Member DeBettignies questioned the garage setbacks and having the garages too close to the setback. Mr. Lundahl responded that it would depend upon the function of the design and the house. He added that staff included in their proposal to have an added setback for the garage portion to ensure there was adequate driveway space to park a vehicle.. Council Member Shoe Corrigan stated that there is a responsibility on the City's part to finish the product to the same standards as laid out in the original PUD. She desired to see the PUD implemented as closely as possible to stay true to the original vision. She added that the garages are too dominating in the housing styles proposed. She again stated she was not in support of the proposed amendment. Council Member Baxter questioned if anyone from Lennar has talked to the HOA about the proposed changes to the Glendalough neighborhood. Ms. St. Amant stated that the neighbors would like to see a variety of homes added to the neighborhood. Council Member Baxter stated he would like to hear from the HOA. He added that he agreed with Council Member Shoe Corrigan that residents bought into the neighborhood for the housing that was promised in the original PUD. He would like to be sure that the HOA is fine with the proposed product. Council Member DeBettignies agreed that the HOA feedback is important in moving forward. Mr. Liberacki considered starting a focus group of 15 -20 neighborhood residents and prospective home buyers to discuss the proposed plans and moving forward. He further added that he would attend the annual HOA meeting on February 19, 2007 and would inform the City Council as to the time and location of the meeting. Ms. St. Amant added that she will obtain pictures of the similar neighborhoods where Lennar is building the proposed housing styles. Mayor Droste stated the issue can be revisited after the HOA and neighborhood meetings. He requested that Lennar provide the City Council with pictures of the proposed housing styles and notify staff of the neighborhood meetings. 2.B. Proposals for the Investigation of the former Rosemount Dump Site Community Development Director Lindquist provided an update to the Council Members on the proposals received for the investigation of the former Rosemount Dump. She stated that the County has chosen to work with Braun Intertec. City Adninistration \'erbrugge questioned why the County is doing the investigation. Ms Lindquist stated that the Port Authority formally requested the work. The project is a cooperative effort between the County and the City. Ms. Lindquist added that the investigation will be paid for by the County. Mayor Droste stated the study is to the City's advantage in finding out what is at the dump site. Council Member Sterner questioned why the lowest bidder was not chosen. Ms. Lindquist responded that the proposal does not regture the County to choose the Lowest bidder and noted the firm who would do the most research and work for the best price was picked. 2.C. Great River Energy ROW Dedication Community Development Director Lindquist provided background on the project. Great River Energy has proposed to dedicate right of way for Ehlers Path on the adjoining 80 acres which they purchased and divided. By accepting this change, it will help the City in obtaining right away over all portions of Ehlers ROSEMOUNT CITY PROCEEDINGS WORK SESSION FEBRUARY 14, 2007 Path in the future. She stated that an amended resolution will be brought to the Council at a future meeting date. The Council Members were hi agreement with adopting an amended resolution at a future date. UPDATES 3A. Encumbrances City Administrator Verbrugge stated the City Council would be asked to approve the encumbrance of certain 2006 budget items to 2007 at the February 20 meeting. There would be an encumbrance of items for the General Fund, the Street CIP and the Equipment CIP Fund. 3.B. Outdoor Athletic Complex City Administrator Verbrugge stated that he and Dan Schultz are working together to lay out a timeline of events for the outdoor athletic complex. He added that the donation agreement will be before City Council on February 20. A tentative closing date has been scheduled for March 28. He added that Mr. Schultz is putting together a team of employees to work on obtaining grants, ordering the survey, conducting a Phase I study, organizing meetings with stakeholder group to discuss facility needs, contracting with a landscape architect and scheduling meetings for public review and input. Mr. Verbrugge stated there may be a tie into the project with the science museum. Council Member Sterner requested that an environmental component also be tied into the project. 3.C. Commission Interviews City Administrator Verbntgge worked with the Council Members to decide a date to conduct the commission interviews. Based upon schedules, the Commission Interviews will be held on March 8, 2007 beginning at either 4:30 or 5:00 p.m. followed by a special City Council Work Session. 3.D. Closed Session City Administrator Verbrugge stated a Closed Session will be held after the regular City Council meeting on February 20, 2007 to discuss Arcon Construction Company demand for mediation. The dispute is related to the Old County Road 38 and 132i Court West Street and Utility Improvement Project. 3.E. Air Cargo City Administrator Verbrugge stated that a kick off meeting will take place on Friday, February 16 with all the stakeholders. The group will start the business study again. He added that an agreement was reached with the original consultant. 3.F. Comp Plan Guide Update Community Development Director Lindquist stated that on April 10 a kick off meeting for the comp plan update will be held and combined into a public meeting to discuss the parks master plan and die land use /transportation components. The goal of combining the meetings is to draw more attendance. She added that the Transit Group open house will be held prior to the meeting. Ms. Lindquist provided the Council Members with nine goals for the comp plan that were based upon the Planning Commission's conversations. Mayor Droste was concerned wit the language in goal 2. It was decided that the year 2030 should be added. Council Member DeBettignies suggested taking the word "historic" out of goal 3 and replacing it with "traditional 3.G. International Trade Mission City Administrator Verbrugge stated that Dakota Futures is looking into an international trade mission to Ireland as part of the sister city program. He steed that the City Council will be asked to pass a resolution in support of the mission. Council Member DeBettignies stated the trip would be beneficial. 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION FEBRUARY 14, 2007 3.H. HIPP City Adtninistrator Verbrugge updated the City Council about the initiatives to discuss sustainabilitv and green building programs. Mt. Verbrugge will be looking to serve as a chair. He further noted that the telecommunication issues may also be addressed. 3.1. Progress Land Community- Development Director Lindquist stated that she met with Progress Land Company. She stated that the commercial piece at CSAFI 42 and Highway 3 is now under option by the Farve Group. Ms. Lindquist was told at the meeting that the Farve Group is close to signing a big box retailer for the project. 3.J. Survey City Administrator Verbrugge stated that the City survey will be conducted the first two weeks of March. He added that additional technology questions were included into the survey. 3.K. Stonebridge Meeting Community Development Director Lindquist stated she would be meeting with Wally Johnson and Mark Ruff on February 15. She added that at the next Port Authority meeting discussion will take place regarding the rough proposal based upon the proforma numbers. 3.L. Additional Updates Council Member Baxter stated he attended the Dakota Futures event. He stated the issues of fiber optic transmission were discussed and he found the event to be beneficial. Council Member Baxter also stated that based upon correspondence with Dr. Hansen that his conclusion is to move forward without Dr. Hansen. Council Member DeBettignies stated he would be interested to see Dr. Hansen's solutions to the questions previously asked. Council Member Shoe Corrigan stated her request to discuss the dynamics of the commissions with open terms. She stated discussion between staff and Council Members should take place to decide what type of candidates the City is pursuing. Council Member Shoe- Corrigan requested that City staff contact Trader Joe's to be a potential retailer in Rosemount. Council Member Shoe- Corrigan questioned Dr. Hansen's argument. City Administrator Verbrugge stated that Dr. Hansen does not believe that the offer from CPDC for a partnership was a genuine, viable offer. Community Development Director Lundquist stated that staff has met with five of the six property owners by the St. Joe's complex. She noted that three homeowners would be interested in selling their properties She questioned if Council was interested m purchasing the properties. Mayor Droste stated the purchases make sense and suggested contacting the homeowners in the area also. Mayor Droste updated the Council Members about the Transit District and the Lobby Group STA. He stated that STA's position is to support a gas tax and regional fees. The majority of the City Council favored the tax should go for transportation and did not favor the money be direct towards transit. 1 1 ROSEMOUNT CITY PROCEEDINGS WORK SESSION FEBRUARY 14, 2007 ADJOURNMENT There being no further business to come before the City Council, Mayor Droste adjourned the meeting at 8:51 p.m. Respectfully submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 20, 2007, 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, Director of Parks and Recreation Schultz, Chief of Police Kalstabakken, Project Engineer Dawley, Community Development Director Lindquist, City Attorney Mikhail and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated the additions to the Consent Agenda including 6.p. Minutes of the January 26 and 27, 2007 Special City Council Proceedings and 6.q. Proposed Equipment Purchase 800 MHz Radios and Installation. He further added that a permit modification to Item 6.1. Vesterra, LLC and Stonex, LLC 2007 Mineral Extraction Permit Renewals was proposed. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the two additions and one modification. Ayes: 5. Nays: 0. Motion carried. 6. CONSENT AGENDA Council Member Sterner pulled Item 6.o. Crosscroft 3"' Addition Minor Planned Unit Development (PUD) Amendment, DR Horton, 07- 10 -AMD for discussion. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda deleting Item 6.o adding items 7.p and 7 q and the modification to item 6.1. a. Minutes of the January 16, 2007 Regular City Council Proceedings b. Minutes of the February 6, 2007 Regular City Council Proceedings c. Bills Listing d. Budget Encumbrances (Resolution 2007 -16) e. Transferring of Control, Authority and Operation of projects and programs of the Rosemount HRA and the Rosemount EDA to the Rosemount Port Authority (Resolution 2007 -17 and Ordinance No. X11.16) f. Community Center /Armory Maintenance Agreement g. Receive Donation Parks Recreation Dept. h. Expenditure Approval from the Donation Account Parks Recreation Dept. i. Resolution and Consent Order Imposing Civil Penalty on AMF Bowling Centers, Inc. D /B /A AMF City Limits (Resolution 2007 18) j. Resolution and Consent Order Imposing Civil Penalty on Pat's Shenanigan's, Inc., d /b /a Shenanigan's (Resolution 2007 -19) k. Linder's Greenhouse Interim Use Permit for a Transient Merchant Sales Lot, 06- 61 -IUP (Resolution 2007 -20) L Vesterra, LLC and Stonex, LLC 2007 Mineral Extraction Permit Renewals, 06 -62 -ME m. Solberg Aggregate Company (Ped- Kuznia) Mineral Extraction Permit Renewal, 06 -63 -ME n. Flint Hills Resources Site Plan and Conditional Use Permit Allowing Construction of a 135,000 Square Foot Maintenance Building, 06 -65 -SP and 06 -66 -CUP (Resolution 2007 -21) o. Cros3croft 3' 07 10 AMD p. Minutes of the January 26 and 27, 2007 Special City Council Proceedings 9. Proposed Equipment Purchase 800 MHz Radios and Installation Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 u 6.p. Crosscroft 3 Addition Minor Planned Unit Development (PUD) Amendment, DR Horton, 07- 10 -AMD Council Member Sterner stated his concern that 10 different housing styles are being proposed. He also questioned how the footprints fit in the lot sizes and how the new homes will look in comparison to the current homes. Comtnunity Development Director Lindquist stated that the PUD standards for the Crosscroft development included the 10 housing styles and proposed certain elevations. She stated staff is trying to be flexible so that the new elevation style doesn't have to go through a PUD major amendment process. She added the proposed housing style is consistent with the other options. Council Member Sterner questioned if the materials on the front of the homes would remain the same. Ms. Lindquist stated the materials are similar and there is flexibility with using stone or brick, based upon the buyer's choice. The quaky' and the amount of materials are consistent to the PUD. Council Member Shoe Corrigan questioned if the proposed lots were smaller or the same in size. Ms. Lindquist responded the lots are larger than the lifestyle home lots and larger than the smaller platted lots. She added the lots are for a traditional home size and are similar to the ordinance more than the other size of homes. Council Member DeBettignies stated that the Aberdeen housing elevation creates a higher pitch on the roof that sequences the two story elevation to make it flow with the other styles of housing. Council Member Sterner inquired on We estimation on the number of lots that would hold the Aberdeen housing style. Ms. Lindquist stated this style of housing is proposed for only one user at this time and that the future owners chose from a pallet of models. Motion by DeBettignies. Second by Baxter. Motion to authorize and Amendment to the Planned Unit Development Agreement for Crosscroft 3' Addition incorporating the Aberdeen single story rambler plan into the list of permitted housings plans for the single family portion of this development. Ayes: Shoe Corrigan, Droste, Stemer, Baxter, DeBettignies Nays: None. Motion carried. PUBLIC HEARINGS 7.a. 2007 Street Improvement Project, City Project #410 Project Engineer Dawley stated the City Council is in receipt of the feasibility study for the 2007 Street Improvement project. He stated that Project Manager Anthony Aderhold of WSB Associates was in attendance to provide a presentation of the proposed project. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 Mr. Aderhold stated the 2007 Street Improvement Project stemmed from the Street Improvement Program. He provided a presentation including the summary, philosophy and the City Street CIP Budget. He highlighted the 2007 Street Improvement Projects for Areas 6 and 7. He added the possibility of using rain gardens at Area 7 as an alternative stormwater method. Mr. Aderhold reviewed the proposed 2007 project costs, proposed funding and proposed assessments. He also outlined the proposed schedule for the 2007 projects. Council Member Sterner questioned if Biscayne Way would have a higher curb or a standard curb. Mr. Aderhold responded that that area is proposed to have a high back curb. Council Member DeBettignies questioned the alternative stormwater method for Area 7 and if using a rain garden would cause problems with what is already planted there and if root damage could be avoided. He questioned if using rain gardens would be the residents responsibility. Mr. Aderhold replied that if the City were to incorporate rain gardens with breaking up the drain tile there would be specific plantings that should be used. He added that drain tile would still be incorporated with a rain garden. Mayor Droste stated that the Cities of Eagan and Burnsville are using rain gardens with their projects. He stated rain gardens are a common way of taking stormwater and trtivng to have it infiltrate. Mayor Droste thought a small neighborhood would be the place to start with alternative stormwater methods. Council Member Baxter questioned if rain gardens would eliminate standing water. Mr. Aderhold responded the plants would promote additional infiltration but in a Lzrger rain event there would still be a possibility of having standing water. Council Member Baxter then questioned at what point there would be standing water. Mr. Aderhold stated that for most systems at the 10 year event after infiltration and surface run off anything after that you would have standing water. Mayor Droste opened the public hearing. Rick Cook, 15665 Biscayne Way, Rosemount, stated during a large rain event 10 years ago he did not experience having standing water in his culvert. He added that he appreciated all the information that has been provided and that the City did a great study on the project. He questioned the elevation changes between Options 1 and 2 related to the match up with his driveway. Mr. Aderhold stated that for Option 1 the street would be lowered to promote drainage from Mr. Cook's house to the street. He stated there would be a two to two and half feet cut and the driveway grade would change. He further stated that in past practice, the City would go back far enough to match the existing driveway. Mr..Aderhold stated that Option 2 would be close to the same elevation that currently exists. Council Member DeBettignies questioned with using Option 1 how many feet of the driveways would have concrete. Mr. Aderhold responded that if the City Council were to go with the curb and gutter that the City would match the existing materials on the driveway. Council Member Baxter questioned what Mr. Cook thought about rain gardens. Mr. Cook stated he didn't know the impacts but doesn't think it would be a great cost savings. He also was concerned with the maintenance of the rain gardens since some residents do not care about the appearance of their yards. Gina Toso, 14600 Biscayne Avenue, Rosemount, stated her enjoyment of the trees on her block and questioned how the project would affect the trees. Mr. Aderhold anticipated that the impact on the trees would be minimal. Mayor Droste noted that tree roots may clog the system. Mr. Aderhold responded that root intrusion was a concern but that the roots are far enough away from the base of the tree. Project ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 Engineer Dawley stated that construction techniques could be addressed in the construction contract for the impact on the tree roots. Ron Smith, 14655 Biscayne Way, Rosemount, inquired about the amount of time the road would be closed and if City services would be turned off for a period of time. NIr. Aderhold stated that a 24 hour notice would be provided in the event water would be shut off. He added that a goal is for the residents to have access to rheir driveway at the end of the day. The City will try to minimize the amount of impact to the residents by delivering weekly flyers listing the construction schedule. Council Member Baxter questioned if Mr. Smith supported having a rain garden. Mr. Smith stated he was not interested in the rain garden option. Council Member DeBettignies noted that the roads do have to remain open to allow emergency vehicles an entrance to the homes. Mayor Droste added that a project manager will be assigned and contact numbers will be provided to the residents. Paul Wrolstad, 14545 Biscayne Way, questioned if the utilities will be buried and if the street lights will be affected. Mr. Aderhold stated he did not evaluate the costs to go underground with utilities. He stated the same amount of street lighting will be provided. Gary Hjelmstad, 14660 Biscayne Way, stated the only flooding he experienced at his home was not due to drainage from the street. He added that a power pole by his house is falling apart and will need to be replaced. He stated the road is in good shape and doesn't think the project should be done for some standing water. Council Member Shoe- Corrigan stated the project was not proposed because of water issues but rather the conditions of the road. Mr. Aderhold further stated the driving force was also the amount of sanitary sewer calls for sewage back up, flows and root intrusion. Mr. Hjelmstad stated his concerns with the clay pipe. Mr. Aderhold stated the City is proposing to replace the main and the services at the right -of -way. He stated it would be the responsibility of the homeowner to replace from the right -of -way to their home. He added that the city televises the sewer on a regular basis and has found root intrusion at the main. Council Member DeBettignies suggest that the residents could be advised on what steps to take during the reconstruction. Gale Lafavor, 14635 Biscayne Way, Rosemount, proposed that the City should take video from the homeowner's basements to the street to see for cracks in the pipes. She requested more information about rain gardens so a decision could be made. Ms. Lafavor also proposed that since most of the homes have not had their sewer systems replaced that the City should research the status of the systems and provide a discount to the homeowners that replace the piping from their homes to the street. She also stated concerns related to the trees and root system and suggested the City bury the electrical wires to eliminate having to trim the trees. Yoko Breckenridge, a real estate agent with Coldwell Banker Burnett, stated some issues she was having with the potential sale of a home that would have a pending assessment. Mr. Dawley stated that once a project is ordered the assessment will be deemed pending. City Administrator \Zeebrugge suggested the potential seller inform the buyer of the benefit increase as a result of the improvements. Mr. \Zeebrugge also stated he would have an engineer contact Ms. Breckenridge to further discuss the assessments. Gina Toso, 14600 Biscayne Avenue, Rosemount, stated she favored the rain garden option. Erin Reichert, 14699 Biscayne \.Vay, Rosemount, stated she purchased her home in the neighborhood two years ago because of the uniqueness of the area. She spoke of the amount of landscaping that was done on her property. She suggested using the rain garden as a way to keep the neighborhood more distinct and to help it remain its own little entity. Motion by Droste. Second by Baxter. Motion to close the public hearing. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 Ayes: 5. Nays: 0. Motion carried. Council Member Baxter stated he preferred the rain garden option. He added the alternative stonnwater method would help maintain the feel of the neighborhood and would be more aesthetically pleasing than the curb and gutter option. He felt this project would be a good opportunity for the City to try something different. Rick Cook, 14665 Biscayne Way, stated he would still have issues with residents not maintaining the rain garden. Council Member Baxter stated he appreciated the concerns but his instinct was to try something different and to try it on a smaller scale. Mayor Droste requested clarification that rain gardens could be used with curb and gutter. Mr. Aderhold stated that was correct. Mr. Aderhold added that the rain garden option would require coordination with residents to discuss maintenance. Mr. Aderhold stressed that Public Works recommends curb and gutter. Council Member Shoe- Corrigan stated if the City would use the rain garden would the City install the garden and provide materials. Mr. Aderhold stated the City would do the initial restoration but the surface improvement would be assessed back to the property owner. The installation portion would be part of the assessed cost. Council Member Shoe Corrigan preferred to use the curb and gutter with the rain gardens on a voluntary basis. She requested that everything be done to save the existing trees. Council Member DeBettignies stared that Ms. Lafavor brought up some valid points. He suggested that the City provide residents with more information on rain gardens and urged the residents to check out the rain gardens in Burnsville and Eagan. He also suggested that the neighbors get together to have a contractor come out to check the lines. Council Member Shoe- Corrigan added that the residents will have to pay for the contractor's service but that the City Engineer could refer contractors to the residents. Council Member DeBettignies stated he preferred to use the curb and gutter. Council Member Sterner preferred using the rain garden for the project to help maintain the neighborhood character. Mr. Verbrugge stated he took note of the suggestion for the individual service line to see if there would be a reduction in cost to have multiple homeowners to participate. Mr. Aderhold stated that was not a practice the City used in the past and cautioned there may be liability issues. Mr. Verbrugge added if the Council was heading in the direction of using a rain garden he would be cautious about not installing a curb and gutter with the road being installed to last 50 to 60 years. Council Member DeBettignies shared his concerns about the shelf life of the road if it were installed without the curb and gutter. Council Member Shoe Corrigan stated she preferred to use the curb and gutter and to make it optional for residents to use the rain garden. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 Council Member Baxter stated he favored using the alternate stormwater method without the curb and gutter. Mayor Droste questioned who would be responsible for the standing water in the ditches and stated his concerns with the West Nile Virus. Mr. Aderhold stated that normally the ditches would be sprayed. Mr. Verbrugge stated the amount of water that is frozen in the ditches until spring is not frozen long enough for mosquitoes to be there. Community Development Director Lindquist added that if there are wet periods there will be standing water in the ditches. She stated that even with a rain garden there is not a guarantee there will not be standing water. Mayor Droste stated the road should include a curb and gutter and would make sense looking in the long term. Council Member Shoe Corrigan stated she was in favor of the curb and gutter: with rain gardens on a volunteer basis. Council Member DeBettignies agreed. Motion by Shoe Corrigan. Second by DeBettignies. Motion to Adopt a Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for the 2007 Street bmprovements Project, City Project #410. Council Member DeBettignies offered a friendly amendment to the motion to include "Option 1 specifications w/ the option to rain garden." Mr. Verbrugge stated the project was City initiated and would require a 4/5 vote for the assessments to be valid. Council Member Stemer questioned adding an amendment for a lower back curb style. Mr. Aderhold stated the residents did not request that style of curb. He added that at the public informational meeting feedback was given on the proposed unprovements and that is where the two proposed options were derived. Ayes: Droste, DeBettignies, Shoe Corrigan. Nays: Sterner, Baxter. Mr. Verbrugge stated the Assessment required a 4/5 vote to approve the project. Mayor Droste stated the motion did not approve the assessment and stated a motion would have to be made to reconsider. Council Member Baxter stated he would not vote for the project but would vote for the assessment. Attorney Mikhail stated that to pass the project in a 4/5 vote the City Council would need to reconsider the vote made. He stated the City Council cannot take a motion to adopt the assessments but not approve the project. Mr. Verbrugge stated the City could go ahead with the project but could not levy assessments. Motion by DeBettignies. Second by Shoe- Corrigan. Motion to Reconsider to Adopt a Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for the 2007 Street Improvements Project, City Project #410 with Option l with alternate rain gardens. Ayes: Stemer, Baxter, DeBettignies, Shoe- Corrigan, Droste Nays: None. Motion carried. (Resolution 2007 -22) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 Mr. Aderhold stated a packet with notification of the project schedule with the recommended motion to move forward with rain gardens will be sent out. He stated he anticipated a June 1 construction start. Mr. Verbrugge added there would be an aggressive communications schedule with the project. NEW BUSINESS 9.a. Donation Agreement with Flint Hills Resources Director of Parks and Recreation Schultz provided the background of the donation and requested approval of the agreement. He added the conditions in the agreement were different than those the City would normally accept. The City Attorney has reviewed the agreement to ensure it covers all of the necessary concerns of the City and Flint Hills Resources. He noted the closing should take place the end of March. Council Member Baxter thanked Flint Hills Resources for their generous donation to the citizens of Rosemount. He also thanked Mr. Schultz for his hard work in making the project possible. Mr. Schultz stated that City Adnunistrator Verbrugge and other department staff worked very hard on the project and provided comments and attended meetings. He stated it was a team effort to get the project started. Mayor Droste recognized that the City Council will be receiving emails and comments from residents. He questioned who the residents should be contacting about the decisions and plans for the fields. Mr. Schultz stated that residents should contact the Parks and Recreation office. Council Member DeBettignies thanked Flint Hills for their generous donation and added the real challenge is now ahead. He stated the City will need support in moving forward. Council Member Sterner requested that Mr. Schultz provide the contact number for the Parks and Recreation office. Mr. Schultz stated the contact number and also directed residents to the City's website where Parks and Recreation staff's emails are listed. Motion by DeBettignies. Second by Sterner. Motion to approve attached Donation Agreement with Flint Hills Resources Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. 9.b. 2007 Leprechaun Days Service Agreement Director of Parks and Recreation Schultz provided information on the proposed Service Agreement for the 2007 Leprechaun Days Event. He stated the Chairperson, Maureen Geraghty Bouchard was present to provide information on the event. Ms. Bouchard stated a lot of effort is has been put into the celebration and announced the changes in the 10 day event. She stated the committee is looking for volunteers to help with the clean up duties after the parade. The next committee meeting is scheduled for March 12, 2007 at the Community Center. Anyone with questions related to the events were asked to contact the Parks and Recreation office or Ms. Bouchard. LaDonna Boyd with Dakota County Technical College stated the college is planning a new venture to enhance the Rosemount Leprechaun Days celebration. She stated that DCTC will hold a Summerfest which will include vendors, fine arts, pottery, glass sculptures, landscaping, health and wellness, boutique items, farmers market, entertainment, food and children's activities. Ms. Boyd stated the college would like to provide students with emergency funds from the monies gathered at the event. The event will be free and held at the college. Ayes: Shoe Corrigan, Droste, Sterner, DeBettignies Nays: Baxter Motion carried 4 -1. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 The Council Members and Ms. Bouchard discussed the traffic control issues after the parade. Ms. Bouchard noted the issue is again being addressed and some changes will be made to the route. Mayor Droste thanked Ms. Bouchard and the many volunteers who donate their time to the event. He added the event is highly supported and important to Rosemount. Motion by Sterner. Second by Iiim Motion to approve the 2007 Service Agreement with the Rosemount Leprechaun Days Committee. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 9.c. Innisfree Homeowners Association Planned Unit Development Major Amendment, 06-64 AMD Community Development Director Lindquist stated this item relates to Outlot A that was part of the Innisfree project. Oudot A remains vacant but the property is of a size that would allow for development similar to other townhouse projects in the area. Staff is recommending to modify the PUD Agreement to recognize it as a non buildable lot and a restrictive covenant on the outlot. The HOA would like the fee changed for part of the major PUD amendment. Staff feels the fee is inane with the amount of time worked on the project; staff does not support the change in fee. Council Member Shoe Corrigan requested clarification if the City Council is asked to recommend a conservation agreement. Ms. Lindquist stated that was correct. Council Member Shoe Corrigan was not in favor of lowering the fee for the amendment. Council Member DeBettignies questioned if the applicant has presented any hardship in wanting a reduction in the fee. Ms. Lindquist stated the applicant did not provide any specific documentation except what is in the packet. Council Member Baxter stated the fee was high and favored reducing the fee to $500. Mayor Droste questioned if this is a routine request Ms. Lindquist stated applicants are constantly requesting a reduction in fees. Council Member Shoe Corrigan stated the City Council approved the fee and would need to evaluate the fees to see if there is a need for a reduction. Ms. Lindquist explained the procedures taken to determine the planning and zoning fees. Mayor Droste did not favor providing a reduction in the fees and stated he would support the motion as proposed. Motion by DeBettignies. Second by Shoe Corrigan. Motion to authorize execution of the Planned Unit Development Agreement Major Amendment with the Innisfree Homeowners Association. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 9.d. Approve Distribution of Rosemount Business Park EAW Community Development Director Lindquist provided background on the project. Ms Lindquist stated the Council Members are being asked to approve the EA \k' for distribution for a comment period of February 26 through March 28, 2007. She added that Terry Jeffrey from WSB Associates was present to any answer questions. Council Member DeBettignies questioned if the City Council would review the document in more detail with WSB Associates. Ms. Lindquist stated the EAW would be before City Council again when the review period has ended to discuss the comments received. A further discussion of the document would take place at that time; however, if anyone had comments she was interested to hear concerns. Commissioner DeBettignies questioned if the EA \V is only for 41 acres. Ms. Lindquist stated at this time the Pahis are retaining the rest of their property. Motion by Shoe- Corrigan. Second by Sterner. Motion to approve the distribution of the Rosemount Business Park Environmental Assessment Worksheet for publication and comment. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. 9.e. Rosemount Business Center Lot Combination, Rezoning, and Planned Unit Development Master Development Plan and Final Development Plan, 06- 67 -SP, 06- 68 -LC, 06 -69 -CON Community Development Director Lindquist stated the project is the last development parcel available in the Chippendale area and is a combination of two lots. She stated that staff has worked with applicant for several months to meet the performance standards previously adopted by the City Council. Ms. Lundquist stated the building is a hybrid and that the parking will determine the amount of usage for the buildings. She reviewed the issues at the Planning Commission level and the proposed remedies to the concerns. Council Member Sterner requested the price of the condo units. Ms. Lindquist stated that the applicant could provide that information. Mayor Droste invited the applicant to come forward. The applicant, Todd Johnson, stated the price points are between $425 and $450 based upon location. Council Member Shoe Corrigan questioned how the proposed building materials compare to the buildings north and along the south side that are being constructed. Ms. Lindquist stated the materials are different from the residential character and have more of a commercial/industrial character. She added the materials comply with the performance standards. Council Member Shoe Corrigan stated since the project is a PUD there could be materials used that are more interesting. Kurt Chroust, Dentist and owner of building at 15120 Chippendale Avenue, stated his concerns regarding the sight lines, trash enclosure and garage doors. His dental office waiting room windows will face the proposed building's trash enclosure and garage doors. He requested the garage doors be positioned to be out of the sight line and the trash enclosure should be moved further down the back of the building. His position was that trees and bushes were not the answer. He stated he was not against the project but wanted to the City Council to assess where the garage doors should be placed. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 Council Member DeBettignies stated his understanding was that Mr. Chroust and Mr. Johnson have discussed the items. He questioned if there would be upper level loading docks. Mr. Johnson stated the concept was to provide a hybrid for a small business. Nfr. Johnson further stated for the garage door concerns he thought he took care of the issue by adding more trees. He stated he was willing to move the trash enclosure and also offered to angle the garage door. Mr. Johnson also explained the facade features that will enhance the look of the building. Mayor Droste questioned the type of garage door that will be installed. Mr. Johnson stated the garage door will match the color of the exterior material. He further stated he could angle the garage doors. Ms. Lindquist stated her preference was to document they relocation of the trash enclosure to the east and revise the garage doors on the northwest to angle (units 1, 4 and 5) to minimize the site lines from the dental office. Mr. Chroust stated he spoke with City staff and was told this would be his last time to voice any concerns. He stated he is concerned with a warehouse being located on a street that is zoned commercial. He requested commitment that he would not be looking at a garage door out of his waiting room area. Mayor Droste questioned the location of the building. Ms. Lindquist stated the building in the area have similar uses and are zoned commercial. The recent changes in the ordinance have reduced the industrial type uses in the commercial district. That is why the application is for a PUD. Council Member DeBettignies questioned the advantages of leasing a unit with a garage door versus dual swinging doors. Mr. Johnson stated automatic doors would be part of the reason. He added the garage doors would give business owners the chance to park a company vehicle inside. Mayor Droste questioned what type of creative garage doors could be used. Mr. Johnson stated that Mr. Chroust has opposed any type of garage door. Mr. Johnson stated he preferred to have the garage doors match the building. Mr. Chroust stated he had never seen a garage door disappear into a wall. Council Member Shoe Corrigan questioned that with making exceptions for combining the lot, losing green space and adjusting the setbacks to allow for more parking what the City was getting for the exceptions to the standards. Ms. Lindquist stated that the private driveway situation created the hard surface issues. She noted it was hard to make the building have a residential character given the size and shape of the building and to staff the uses proposed seemed reasonable. The primary reason for the PUD was due to the commingled land uses. She added staff felt the landscaping was good and they worked with the developer on the elevations which meet the standards. Council Member Shoe Corrigan also shared concerns with pedestrian access. Ms. Lindquist stated there are no sidewalks on Carrousel Avenue. Council Member Shoe- Corrigan also asked for heightened architectural standards. She requested the building include awnings over the doors, enhanced lighting and planters along the outside sidewalks. Nis. Lindquist noted the plan proposed imprinting in the sidewalks. Council Member Shoe Corrigan stated the two property owners should work together. City Administrator Verbrugge suggested the Council should have criteria they would like to see incorporated into the conditions versus mediating a dispute between two property owners. Mayor Droste stated the trash reciprocal should be moved. Council Member Shoe- Corrigan stated for Item 13 the appropriate buffer between the southern yards should incorporate landscaping, fencing, or small berming to provide adequate buffering between the garage doors and waiting rooms. Council Member DeBettignies stated that doors for units 4 and 5 should be moved to the east. He stated he understood Nor. 1 1 Motion by Sterner. Motion to table the PUD for Rosemount 2" Sterner 1" Baxter Ayes: with Sterner ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 20, 2007 Chroust's concerns but questioned why the issues were not raised at the Planning Commission level. Mr. Chroust said the issues were not raised because he was in discussions with the developer. Council Member Baxter questioned what the garage doors look like and what they are trying to shield. Ms. Lindquist stated the plans do not indicate the look of the garage doors. Mr. Johnson provided an example of the garage door but did not have plans showing the garage doors. Council Member Sterner suggested discussing the item at a later meeting. Mr. Johnson stated he wanted move forward with the project as soon as possible but waiting two weeks would not create a big difference. He requested Council direction on moving forward. Mayor Droste stated the City Council would like to see a new rendering of the back of the building; the proposed garage doors: and the site lines off of the adjacent property. Council Member Shoe Corrigan added that it did not make sense to pursue the buffering since the Mr. Chroust was not interested in additional buffering. Mayor Droste requested that the applicant provide renderings that showed more uniqueness. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on March 6, 2007. Mayor Droste stated that the City Council will move to a close session. Attorney Mikhail stated that no public business will take place following the closed session. Motion by Droste. Second by Sterner Motion to move to closed session to discuss a mediation issue. Ayes: 5. Nays: 0. Motion carried. ADJOURNMENT There being no further business to come before the City Council the meeting was adjourned to move to a closed session at 10:41 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a City Council Regular Meeting was duly held on Wednesday, March 6, 2007, at 7:32p.m. in the Council Chambers at City Hall, 2875 145 Street \Vest. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, and Shoe Corrigan attending. Council Member DeBettignies was absent. Staff members present were City Administrator V erbrugge, City Attorney LeFevere, Community Development Director Lindquist, Finance Director I\lay, Parks and Recreation Director Schultz, Communications Coordinator Cox, Assistant City Administrator Foster, and Recording Secretary Hanson. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Vcrbrugge added additional information for item 6.h., Receive Bids /Award Contract, Connemara Tower Painting, of the Consent Agenda. Motion by Droste Second by Sterner. Motion to approve addition to the Agenda. Ayes: 4. Nays: 0. Absent: DeBettignies. Motion carried. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL REGULAR MEETING MARCH 6, 2007 DEPARTMENT HEADS REPORTS /BUSINESS a. Spirit of Rosemount Award. Mayor Droste presented the Spirit of Rosemount Award to Diane hoebele, Director of Northern Tier Public Affairs, of Flint Hills Resources for donating land to the City for the recreation complex. b. Acknowledgement of Award of Certificate of Achievement for Excellence In Financial Reporting. Finance Director May explained the Certificate of Achievement for Excellance in Financial Reporting award the City of Rosemount has received for the tenth consecutive year. c. Proclamation of National Volunteer Week. Mayor Droste declared April 15 as National volunteer week in Rosemount and asked the public to nominate volunteers to be honored at the City Council meeting on Tuesday, April 17, 2007. 1 1 Motion by Droste Second by Sterner. Motion to declare the week of April 15 April 21 as National Volunteer Week in the City of Rosemount. Ayes: 4. Nays: 0. Absent: DeBettignies. Motion carried. CONSENT AGENDA a. Minutes of the February 14, 2007 Work Session City Council Proceedings b. Bills Listing c. Budget Encumbrance (Resolution 2007 -23) d. Professional Services Contract e. Receive Donation Parks Recreation Dept. f. Receive Donation Fire Department g. Receive Plans and Specifications /Authorize Advertisement for Bids Flint Hills Resources Sanitary Sewer Watermain Extension, City Project #406 (Resolution 2007 -24) h. Receive Bids /Award Contract Connemara Tower Painting, City Project #408 i. Great River Energy Lot Split, 05 -23 -LS (Resolution 2007 -25) Mayor Droste pulled Items e. f. and h. Motion by Baxter Second by Shoe Corrigan. Motion to approve Consent Agenda items a. through d., g and i. Ayes: 4. Droste, Sterner, Baxter, Shoe Corrigan Nays: 0. Absent: DeBettignies. Motion carried. Mayor Droste pulled the following items 6.e. and 6.f to give them more attention to their contributions and conunend them on their citizenship. He also pulled item 6.h. due to new information on a proposed bid for the Connemara Tower Painting. 6.e. Receive Donation Parks Recreation Dept. Motion by Droste. Second by Shoe Corrigan. Motion to approve Consent Agenda item 6.e. Receive Donation Parks Recreation Dept. Ayes: 4. Sterner, Baxter, Shoe Corrigan, Droste Nays: 0. Absent: DeBettignies. Motion carried. 6.f. Receive Donation Fire Department. Councilmember Baxter added his commendation to the Lions Club for their fund raising efforst. 1 1 1 Motion by Droste. Second by Shoe Corrigan. Motion to approve Consent Agenda item 6.f. Receive Donation Fire Department. Ayes: 4. Baxter, Shoe Corrigan, Droste, Sterner Nays: 0. Absent: DeBettignics. Motion carried. 6.h. Receive Bids /Award Contract Connemara Tower Painting, City Project #411. The City received a bid from Odland Protective Coatings, Inc. to be approved by the Council. The bid information was an addition to the agenda and passed out to the Commission at the meeting. Motion by Droste. Second by Baxter. Motion to approve Consent Agenda items 6.h. Receive Bids /Award Contract Connemara Tower Painting, City Project #411. (Resolution 2007 -26) Ayes: 4. Shoe- Corrigan, Droste, Sterner, Baxter Nays: 0. Absent: DeBettignies. Motion carried. PUBLIC HEARINGS None. OLD BUSINESS a. Rosemount Business Center Lot Combination, Rezoning, and Planned Unit Development Master Development Plan and Final Development Plan, 06- 67 -SP, 06-68 LC, 06 CON. Rosemount Business Center, LLC has requested a continuance of their proposal to the March 2(J, 2007 City Council meeting. Their stated reason is to allow them to evaluate the financial implications of their proposed design changes. Staff recommends a motion to continue the Rosemount Business Center Lot Combination, Rezoning, and Planned Unit Development Master Development Plan and Final Development Plan to the March 20, 2007 City Council Meeting. Motion by Sterner. Second by Shoe- Corrigan. Motion to continue the Rosemount Business Center Lot Combination, Rezoning, and Planned Unit Development Master Development Plan and Final Development Plan to the March 20, 2007 City Council Meeting. Ayes: 4. Droste, Sterner, Baxter, Shoe Corrigan Nays: 0. Absent: DeBettigmes. Motion carried. NEW BUSINESS None. 1 1 1 ANNOUNCEMENTS City Administrator \'erbrugge mentioned the City wide meeting the Planning Commission is hosting on April 10, 2007, to discuss the comprehensive plan update. Community Director Lindquist added that land use issues and transit plan issues will be a part of die discussion. IVfayor Droste reviewed upcoming meetings on the calendar. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 7:58p.m. Second by Sterner. Ayes: 4. Nays: 0. The meeting was adjourned. Respectfully submitted, Kathie Hanson, Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 8, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Thursday, March 8, 2007, at 7:45 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, Chief Building Official Strand and City Clerk Domeier. 2.A. SKB Expansion Request Community Development Director Lindquist stated last year the City Council had a brief discussion regarding the potential expansion of the SKB operations. In the packet, staff provided information regarding many of the questions previously raised to aid in the discussion. She explained the location of the expansion, the financial and tax implications, remediation of the land fill and the intersection alignment. She stated if there were an expansion to the extent proposed, there would be concerns about the realignment of Hwy 55 and some accommodations would need to be made based upon the M nDot study. She added that in order for an expansion to be approved there would need to be a comp plan amendment and rezoning changes which require a 4/5 vote at the City Council level. John Domke, Vice President of SKB Environmental, explained the financial impact and stated his concerns with the time value portion. He stated the differences between $15 and $24 a ton with projecting the estimated revenues. Mr. Domke added that without municipal solid waste (1\1SW), the average price is $15 a ton. City Administrator Verbrugge clarified that the $24 figure is an estimate based upon their current understanding of pricing and the operation Mr. Dornke stated that SKB has a unique landfill and based upon where the industry is going it is important to have an MS\K' permit. They way MSW is defined by the permit; it could not in all cases only be the residual. He noted that with SKB's system, a leak in the primary liner can be detected in the secondary liner. SKB would like to continue to he an Asset to die community and flexibility will help them remain a leader in the industry. He stated that they ptwn to process more C &D waste in the next five years. Mr. Verbrugge questioned if the permit for MSW would be full or just residual. He questioned if the permit could be negotiated for one or the other. Mr. Domke responded it would be hard to determine since everyone's definition of residual is different. M•. Dornke stated that SKB has had discussion with all of its neighboring businesses and the expansic appears tc be a good fir. He stated that residential uses would not be a good fit in the area. Mr Dori tc also touched on the location of the interchange. He stated the road alignment would cut their volume by half. He would be happy to pursue different avenues with the proposed alignment that wouldn't bisect SKB's property. 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 8, 2007 Mr. Verbrugge explained why staff looked at both the present value and the projected income stream for the facility. He stated that looking at the value year by year the value becomes less. He questioned the willingness to negotiate an up front contribution versus an annual payout. He stated if the future contribution cannot be levied the City should look at the present value. Mr. Domke stated the trust fund situation is unique. Council Member Shoe Corrigan questioned if the trust and would sustain itself. Iylr. Domke stated the trust fund would sustain itself and that SKB could still contribute back to the community through the trust fund. Council Member Baxter questioned if the proposed expansion property was owned by SKB. Mt. Domke stated that the area is owned by Pine Bend Development. Discussion regarding the intersection and realignment of Emery Avenue took place. Council Member Baxter stated that SKB does what they do very well and they are a good corporate citizen. He did not foresee any hang -ups with the expansion of the site. In terms of I ISW, he stated he would like more information about it since it tends to raise a lot of red flags. He stated he would keep an open mind on the issues. Council Member Shoe Corrigan echoed Mr. Baxter's comments and appreciated that SKB always play straight and fair. She too will keep an open nund on the issues moving forward. She added the trust fund deposit needs to come hack to the tax pool if there is an expansion. Mr. Verbrugge questioned SKB's timeline. Mr. Domke stated SKB would like to get started on the project and move through the Planning Commission process. He added that SKB would provide more education on MSW. Council Member Sterner agreed with Mr. Baxter's comments but added he was concerned with the size of the expansion and the end use. He thought the area would be good for a park, forest or prairie. He also spoke of a wind turbine field. Mr. Domke added that electricity can be produced from MSW. Mayor Droste stated the desire to clean up the East side of Rosemount and by allowing this expansion the City would be opened up to heavy criticism. He cautioned the image of the community if there were to be a 155 acre expansion and noted that Rosemount would have one of the bigger landfills in the metro area. Mayor Droste also stated concerns with UMore Park and Air Cargo being close to the proposed expansion area and the amount of truck traffic. Nir. Domke stated if the expansion is not an area the City wants to pursue to let it be known. SKB would be investing huge dollars along with a lot of time and effort. They would rather not explore the expansion if the City is not interested. Council Member Shoe Corrigan stated SKB should look at talking to different groups about the end use. She stated that a natural area with the DNR may be a nice amenity for the 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 8, 2007 nearby corporate campus. She further stated it would be great to tell residents the use would only be for 20 years and that the end use would not be industrial. Council Member Sterner suggested creating a focus group with the East side residents. Council Member Shoe Corrigan stated that the residents would receive notice of a public hearing. Mr. Verbrugge thanked SKB for their patience so far with the process and for moving forward. Council Member Baxter stated additional studies will need to be completed. Mayor Droste also added there will be concerns with the groundwater. Council Member DeBettignies again raised the issues with the road alignment. Mr. Domke asked for understanding that businesses and industries change and that SKB will continue to do a class job in Rosemount. 2.B. Greening Initiatives in Rosemount Community Development Director Lindquist noted that Alan Strand, the Chief Building Official was present for the discussion. She provided the background for starting to investigate options for introducing sustainable development and energy conservation in the City's operations and future development. Ms. Lindquist stated that staff devised a three -prong approach to introduce the concept to Rosemount including 1) building and renovation within the community; 2) building and renovation of public buildings; and 3) greening operations within City facilities. She further explained the process of the proposed phases of the programs and the possibility of assembling a work group to continue the exploration of greening options. Council Member Sterner stated that the standards for LEED are already recognized nationally and are in place. He did not want staff to reinvent the wheel and felt the City should follow the LEED standards. Mayor Droste noted the significant cost factors associated with using the LEED standards. City Administrator Verbrugge added that the City could implement the same standards but not require LEED certification. Ms. Lindquist stated that the state standards are similar to LEED standards. Mr. Strand added that even the county carries standards like the State requirements. He said that the state and county standards do not have a point system but both have similar outcomes they request. Ms. Lindquist added that with LEED there is not a consistent standard and you pick and choose the certification on a point scale. Mr. Strand indicated that the standards are not just in design features up front but that most programs include life cycle issues with standards that evolve over the life of a building. Mayor Droste stated that using the LEED standards would be an improvement from simply using the current state codes. DIr. Verbrugge added that if the UMore Park concept moves forward, the University plans for the project to be the first platinum certified LEED project. 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 8, 2007 Mayor Droste requested that staff move forward with the greening initiatives. Council Member Shoe- Corrigan added that Dakota County is using the MSBG standards in the construction of the library. 2.C. Discussion of Rental Housing Inspection Program Community Development Director Lindquist provided an overview of the Program. She explained the two potential penalty phases and stated how the violations would be issued. Staff would provide information about the initiation of the Program to the corm unity. The Program will address the health and safety issues of interest as well as recognizing the outdoor code violations that bother bordering neighbors. She also provided background on the how Program has worked in the City of Bloomington and noted the intent is not for the program to be as aggressive in Rosemount. Ms. Lindquist questioned if the Council Members were in agreement with the violation fees, comfortable with the appeal process and the overall concept in general. She stated the goal was to have the properties arrive at a standard so that over time the property owners have a level of expectations to maintain. Mayor Droste questioned the cost to implement the project. He also stated his concerns with starting the Program when Rosemount has a small amount of rental property. Council Member DeBettignies questioned the amount of man hours required for the Program. Ms. Lindquist responded that the man hours are inclusive to the budget and no additional employees will be hired for the Program. Mayor Droste questioned if the program would have been implemented if the market was in better shape. Ms. Lindquist stated she planned to start the Program regardless of the market conditions to be ahead of the curve. Council Member Shoe Corrigan stated her understanding is staff will work on the program during down tines in the winter season providing inspections for each rental unit over a two to three year period. Council Member Shoe Corrigan stated that residents in older properties have the right to be safe. Council Member Baxter added that inspections have had a defined effect in Minneapolis and St. Paul where code enforcement is more aggressive. Ms. Lindquist indicated that the downtown developer, Stonebridge, did their own independent market analysis. She stated their findings were that people go to Rosemount for low cost rental housing, which is in part due to some of the maintenance of the complexes. Council Member DeBettignies stated he could attest to the apartments not being well kept. Council Member Shoe Corrigan stated the fines proposed are not prohibitive. Ms. Lindquist added residents will not pay for anything unless a violation is found. Mayor Droste stated he was concerned about the residents who could not sell their home and in turn rent their homes out. City Administrator Verbrugge stated there is no fee being proposed. The only time there is a fee is if a violation is not corrected. 1 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 8, 2007 Council Member Baxter stated his preference to have a set number of days in the Ordinance to fix the violation. Mayor Droste expressed concerns that the City was being overly critical about the rental properties. Council Member Shoc- Corrigan stated the issues are related to safety. Chief Building Official Strand explained the building code compliance issues. He added there are a number of different code bodies the City can rely on for structural changes. Mr. Verbrugge stated there would be reasonableness to structural modifications and noted some issues may be grandfnthered in. Further discussion related to the replacement of hand and guard rails on stairs and decks took place. Mayor Droste did not see a need to make the program a driving issue when there is little rental stock in Rosemount. Council Members Shoe Corrigan and Baxter found the Program to be important. Council Member Baxter questioned if residents can be asked to bring items up to code. Ms. Lindquist responded that not all issues will be required to be brought to code only the specific items listed. Mr. Verbrugge stated staff will run the final Program and Ordinance past Charlie LeFevere for review. Ms. Lindquist stated the intent is to start the Program at the end of 2007. UPDATES Cameo Avenue Purchases City Administrator Verbrugge stated that Dan Wilson had put together comps for the purchase of the Zippel and Hall properties. Mr. Wilson will be meeting with the Romans and Harvegos to complete comps on those properties. Mr. Verbrugge stated the Harvegos were not interested in moving soon. He stated the approach would be to acquire the Zippel and Roman properties right of away and to enter into a Contract for Deed on the Hall and Harvego properties. Council Member Baxter questioned would the City would do Contract for Deed versus an Option to Purchase. Mr. Verbrugge stated that the Contract for Deed would provide flexibility on the City's cash flow. Council Member Baxter stated that with an Option, there would not be the liability you would have with a Contract for Deed. Community Development Director Lindquist stated the County may be interested in cost sharing on the price of the Ryan property. The Ciry Council directed staff to keep moving on acquiring the properties. Liquor Violation Ciry Administrator Verbrugge provided an update on Rosemount Liquor Mart's third liquor violation. He stated at Police Chief Kalstabakken has proposed a $1,500 fine with a 21 day suspension. A 10 day suspension would need to be served and if there were another violation, the suspension would occur instantly. 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 8, 2007 Potential Field Trip to Stapleton Denver City Administrator Verbrugge stated that with the City embarking on the comprehensive guide process and the development of the UMore concept, an all Council field trip to Stapleton Denver may be a good idea. Mayor Droste suggested to only send a couple members. Community Development Director Lindquist stated it may be more beneficial to actually see the campus. Council Member Baxter thought the trip would be valuable and stated he was interested. He would like the City to be a leader in sustainability and building green. Mayor Droste suggested that staff compile the estimated cost for Council to take the field trip. He also suggested that the Planning Commission Chair attend. St. Joseph Church Task Force Community Development Director Lindquist invited the City Council to attend a bus tour scheduled on March 24, 2007 from 10:00 a.m. to 2:00 p.m. The tour will provide an opportunity to look at options for the reuse of the St. Joseph's church as proposed by the task force. Library Council Member Shoe Corrigan stated that the curved part of the library's roof is proposed to be metal. She pointed out that the metal roof would not be compliant with the downtown standards. She added that the material used would look similar to copper or something of a higher quality. The City Council stated the roof proposed was fine Discussion also took place that the library should include a water feature. Commission Appointments: The City Council reviewed the notes from the March 8 interviews for the vacancies on the various City Commissions. After taking votes, the following selections were proposed: 1) Joan Schnieder reappointed to the Utilities Commission; 2) Val Schultz reappointed to the Planning Commission; 3) Michael Eliason reappointed to the Parks C_otnmission; 4) Sandra Knight appointed to a three year term on the Parks Commission; and 5) Maureen Bartz appointed to a one year term on the Parks Commission. ADJOURNMENT Mayor Droste moved to adjourn the meeting at 10:32 p.m. Second by Sterner. Upon unanimous decision, the special meeting was adjourned. Respectfully submitted, Amy Domeier, City Clerk CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, March 20, 2007, at 7:31 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, Director of Parks and Recreation Schultz, Chief of Police Kalstabakken, City Engineer Brotzler, Community Development Director Lindquist, City Attorney Tietjen and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City .Administrator Verbrugge stated there were no additions or corrections to the Agenda. Motion by Droste. Second by Sterner. Motion to adopt the Agenda as it stands. Ayes: 5. Nays: 0. Motion carried. Mayor Droste thanked Mr. 13urns for the information provided. Motion by DeBettignies. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2007 DEPARTMENTAL REPORTS /BUSINESS 5.A. Proclamation City Participation in American Red Cross Get Ready! Community Challenge Chief of Police Kalstabakken provided background on the American Red Cross Get Rendj'! Community Challenge. He asked the City Council to approve a resolution in support of the campaign by the Twin Cities chapter of the American Red Cross. Chris Burns, a representative from the Red Cross, provided information on preparedness planning that will go on throughout the year. Council Member DeBettignies referred to recent publications that stated only chest compressions were necessary when performing CPR. Mr. Burns stated he was not familiar with the article but stated the American Red Cross revised its CPR training within the last year. MOTION to approve a resolution proclaiming 2007 the Year to Get Ready and call upon local residents to Get a Plan, Get a Kit, and Get Involved to help save lives in our community. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6. CONSENT AGENDA Council Member DeBettignies pulled item 6.i. Receive Donation Parks Recreation Dept. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda with exception of Item 6.i. a. Minutes of the February 20, 2007 Regular City Council Proceedings b. Minutes of the March 6, 2007 Regular City Council Proceedings c. Minutes of the March 8, 2007 Special \k'ork Session Proceedings d. Bills Listing Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2007 e. Commissioner Appointments f. Personal Leave of Absence for a Firefighter g. Expenditure of Funds from Donation Account DARE h. Expenditure Approval Police Equipment Fund i. Receive Donati n Parka Recreation Dept. j. Expenditure Approval from the Donation Account Parks Recreation Dept. k. Final P'tvment #14, Harmony Street and Utility Improvementss, City Project #381 1. Northern Natural Gas Easement Agreements, ENG 105 m. Official Map Ordinance, 07 -04 -TA (Ordinance B -187) n. Approval of Interfund Loan Transfer (Resolution 2007 -28) o. Rosemount Business Center Lot Combination, Rezoning, and Planned Unit Development Master Development Plan and Final Development Plan, 06- 67 -SP, 06- 68 -LC, 06 -69 -CON p. Property Acquisition, 14300 Cameo Avenue 6.i. Receive Donation Parks Recreation Dept Council Member DeBertignies pulled the item to thank the organizations and individuals donating to local events. Motion by DeBettignies. Second by Sterner. MOTION to approve receiving the following donations: $12 from James Ahern for the Veterans' Memorial fund for a flag, $250 from Toombs Insurance Agency and $350 from The First State Bank of Rosemount to be used to offset the costs of the Safety Camp program, $200 from C.F. Industries to be used for the Leprechaun Days Fishing Derby, and $100 from Lynn and Mark Nelson to be used for the planting of a tree in honor of George Hayle. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. NEW BUSINESS 9.a. Rosewood Commons Concept Planned Unit Development (PUD) Progress Land Company, 07 -06 -CON Community Development Director Lindquist summarized the staff report. Progress Land Company requested Concept Planned Unit Development approval of a nixed -use residential and commercial development consisting of up to six 40 -unit residential buildings containing approximately 240 apartment units and up to two connnercial buildings. AIs. Lindquist added that since the Planning Commission meeting, the Fire Marshall indicated that a secondary emergency access from the east was not necessary. She spoke of the 17 units per acre density and noted it was higher than most projects in the City. Ms. Lindquist also talked about construction techniques to mitigate sound from the nearby railroad tracks. Council Member DeBettignies questioned why the northern part of the development would have a commercial component. John Stainbrook, the representative from Progress Land Company, stated the approach was to have a nixed use. The commercial portion would be for small users such as a real estate office, Subway restaurant or even a chiropractor's office. Council Member DeBettignies also questioned the circular intersections located within the proposed project. Mr. Stainbrook stated the circular areas were for landscape additions. He added a depot theme would be expressed in the commercial building. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2007 Council Member Baxter stated he was not interested in being flexible on the parking per the zoning ordinance. He stated the project is a good use but that the project was too dense. He suggested that one of the apartment buildings be removed to decrease the density. Mr. Stainbrook stated if a building is removed the project would not work from an economic perspective. He added that with smaller buildings they were able to accumulate more open space. Mr. Stanbrook stated at this point the project included 60° o open space which is double the zoning requirement. He added the project has less impervious surface since underground parking is included. Each unit would have one stall of underground parking. Mayor Droste noted the land use in the comp plan has the front area of the project as Business Park and the back part as Urban Residential. Ms. Lindquist replied that medium density was incorporated a couple of years ago in the comprehensive plan amendment. She noted that prior to that the City had been using Urban Residential for the low and medium density. Mayor Droste stated his concerns with having 17 units per acre on the constricted piece of property. He was also concerned that no park facility was included in the plan. However, Mayor Droste supported the commercial building to the front. Mr. Stainbrook stated since it was a difficult piece to work with Progress was trying to find the highest and best use. He stated that they were offering transitional zoning from the railroad as well as creating a buffer from u. He added that Progress was trying to maximize the use of the property and feels that quality rental housing will fill a market niche in Rosemount. Council Member DeBettignies stated that with 60°%o of green space a private park could be built in the central area. Mr. Stanbrook responded that it would be easy to locate a tot lot within the project. Ms. Lindquist stated that both Central Park and Biscayne Park are located within walking distance. Council Member Shoe-Corrigan struggled with development of the property because it is difficult. She discussed the different scenarios, landscaping and buffer ideas. Her ultimate concern was what would be the best use for the surrounding residents. She felt apartments could work if the proper buffering was put in place and if amenities were included to make it a high quality project. Council Member Shoe- Corrigan suggesting moving the commercial building closer to the street and to have the parking located behind it. She was fine with the density and the underground parking. She stated that adequate buffering should also be in place for those neighbors to the easy and south. Mayor Droste stated the historical depot architecture was a good idea but he didn't like that there was only one entrance to the project. Ms. Lindquist stated the east entrance would eliminate users on the private road and through the existing residential neighborhood. Council Member Sterner questioned what density the Council would be most comfortable allowing. Mayor Droste stated that six to nine units would be high density for this project. Mr. Stainbrook explained the layout and the market for apartments. Council Member Baxter stated he would favor five buildings instead of six. He would support the project with approximately 14 units per acre. Council Member DeBettignies was fine with the density of the proposed project. Council Member DeBettignies stated he understood the economics of the project and commended Progress Land on the proposed plan given the site implications. He stated his support of the recommended action as proposed by the Planning Commission. Council Member Shoe Corrigan supported the proposed density as long as the developer would be sensitive to neighbors, have adequate landscaping, mitigate sound, include amenities and have good architecture. Mayor Droste suggested requiring a park facility. Council Member DeBettignies stated that it was covered in Condition 1 of the resolution. Director of Parks and Recreation Schultz stated that based upon the number of units the cash dedication fee would be $801J,000. He added be spoke with the developer and once the plan is approved they will move forward based upon the number of units built. Mr. Schultz stated there was excellent access to Biscayne Park from the project. Motion by DeBettignies. Second by Shoe- Corrigan Motion to approve a Concept Planned Unit Development (PUD) for Rosewood Commons endorsing Design Four containing a mixed use residential and commercial development consisting of up to six 40 -unit residential buildings totaling approximately 240 apartment units and up to two (2) commercial buildings, subject to conditions. Ayes: Sterner, DeBettignies, Shoe Corrigan Nays: Baxter, Droste. Motion carried. (Resolution 2007 29) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2007 9.b. Northern Natural Gas Transmission Facility and Conditional Use Permit Community Development Director Lindquist summarized the staff report. Northern Natural Gas Company will be conducting upgrades to a number of pipelines and pipeline facilities throughout Minnesota and other Midwest states. That type of construction activity requires a Conditional Use Permit and a Transmission Facility Permit. Ms. Lindquist stated that prep work was expected to begin in March with the pipeline construction occurring from May through November. Council Member DeBettignies referred to drawings P3 -15 through 17. He noted the right -of -way of the pipeline would follow a tree line. He questioned the restoration activity that would be followed if trees were removed. Harry Bovet, the representative with Northern Natural Gas Company (NNG), stated that residents had expressed concerns about the tree Lune referred to by Council Member DeBettignies. Mr. Bovet stated that several options were considered and the easement is Larger than shown on the drawing. He added that NNG restricted themselves to one side of the easement to avoid removing of trees. Mr. Bovet did caution that trimming of trees may take place but the goal was to save as much of the tree line as possible. Council Member DeBettignies inquired about the reconciliation of trees should the tree line dry up or die off. Mr. Bovet responded that perhaps NNG would replace the trees. Ms. Lindquist poutted out that it was not a part of the zoning ordinance to replace trees but the City Council could add it as a condition of approval. Mayor Droste questioned if trees would be removed by the rail road right -of -way. 1\1r. Bovet stated that NNG would go under the railroad tracks and move around to the neighborhood to avoid going through the trees. Mayor Droste acknowledged the citizens attending the meeting and invited those with comments to address the City Council. John Hewitt, 14768 Blanca Avenue, Rosemount, a realtor representing a property owner 9affected by the pipeline stated he has been trynng to negotiate with the pipeline company. He added the citizens have not been treated fairly and the neighbors feel the negotiations have not gone well. Mayor Droste stated that residents have been contacted and need to understand the easements on their property. His primary concern was that NNG was not returning phone calls from residents. City Attorney Tictjcn commented that the City's authority in this situation was limited stating there was not a lot of option for the City to legally step in. Motion by Baxter. Second by DeBettignies. 1 1 Motion to adopt a Resolution approving the Transmission Facility Permit and the Conditional Use Pemut for Northern Natural Gas Company to install a Gas Pipeline and Related Facilities. Council Member Sterner shared his concern that a condition for the replacement of trees should be added to the resolution. Council Nlembcr DeBettignies stated he felt that NNG did a great effort in moving the pipeline to save the trees. He added he was confident that NNG would be fair and save the trees. Council Member DeBettignies requested legal counsel to add the tree restoration language to Condition 4 of the resolution. City Attorney "tictjen stated it may be a question of the duration of the Conditional Use Permit. Ms. Lindquist suggested a two year limit after the project was complete. A review would take place at that time and NNG would pay to have any trees removed or replaced. Council Member DeBettignies added a friendly amendment to include a condition regarding tree restoration that would be subject to City Attorney approval. Ms. Lindquist added that the terms would be clarified. Council Member Baxter accepted the friendly amendment. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. (Resolution 2007 27) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2007 ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on April 3, 2007. Motion by Droste. Second by DeBettignies. Motion to move to closed session regarding pending litigation on City Project #397. Ayes: 5. Nays: 0. Motion carried. (9:03 p.m.) ADJOURNMENT There being no further business to come before the City Council the meeting was adjourned from the closed session at 9:29 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 20, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, ?March 20, 2007, at 9:41 p.m. in the Upper Conference Room 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, City Engineer Brotzler and City Clerk Domeier. DISCUSSION 2.A. LHRPNRWJPO City Engineer Brotzler provided City Council with a draft letter to Commissioner Joe Harris regarding the request for Vermillion River Watershed Joint Powers Organization funding participation. Mr. Brotzler stated he had attended two VRW Board meetings and that other cities have requested that the watershed participate in the Lebanon Hills project. He stated that Conunissioner Harris has said he would consider the request but he preferred the request come from Rosemount and Apple Valley. Mr. Brotzler requested feedback on the proposed letter. Mayor Droste stated if the City would threaten to withdraw it would be difficult to get past the board. Mr. Brotzler highlighted the dollar amounts for the cost of improvements and connection charges associated with the project. Council Member Baxter questioned if the agreement would be reduced to writing. City Adm nisuator Verbrugge stated there would be a Joint Powers Agreement between the City and joint Powers Organization for the connection charges. He added there would also be a pass through agreement of connection charges to Eagan. Council Member Shoe Corrigan questioned the amount the City would be fronting. Mr. Verbrugge responded that the City would be fronting the $413,037 connection charge. He added the City would be receiving a benefit for its watershed tax dollars and gaining some value by the taxes being paid. Council Member Shoe questioned how they can make the City pay adding it would be a burden to a small city. Council Member DeBettignies added it was poor planting to the north and the County did not equally look at what to do with the excess runoffs created in their own backyard. Mayor Droste provided the political implications and noted that no specific entity would take the blame. He added the City will need the County for various projects. Council Member Shoe Corrigan believed the County did not look at options to fix the problem or fund the issue. The City Council discussed DNR regulations. Council Member Shoe Corrigan stated the process was flawed in the way the numbers were derived. Council Member DeBettignies stated he had no problem contributing if the Vermillion River Watershed picked up the $413,000. He added if the amount was not 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MARCH 20, 2007 picked up by the watershed, the City would need an alternate course of action. His preferred alternative course of action would be not to contribute money for the project. Mr. Brotzler provided further discussion and stated it was not easy to get to this point. Mayor Droste noted that the County is paying enormous costs compared to a year ago. He was comfortable with the numbers proposed. Council Member Shoe Corrigan respected that Mayor Droste wanted to continue his relationship with the County. However, she felt the amounts were unfair to Rosemount residents. She added that a problem was created that Rosemount was not a part of and it would not be a fair burden to citizens. Mayor Droste stated the project has not been easy and listed the repercussions should the City not cooperate. Council Member Sterner agreed with Council Member Shoe- Corrigan's comments. He further stated the payments should not be equal to the amounts of acreage. Mr. Brotzler stated that based upon area, Rosemount's portion would be closer to 40 He noted the amount was based upon a hybrid of trunk core costs and the rate is lower than what Eagan charges. Council Member DeBettignies questioned if an audit was done on the grant received from the DNR related to the flood hazard mitigation. Mayor Droste stated the County tried to get state dollars to fund the project last year. Mr. Brotzler added the state denied the funding and said it was a local issue. Mr. Verbrugge questioned if the City Council supported the Mayor in sending the letter. Council 'Member DeBettignies supported the letter. Council Member Baxter questioned if the City paid $413,000 would it receive any interest. Mr. Verbntgge stated that could be worked into the deal and noted if the area would develop the County would get paid back the $413,000. Mr. Brotzler added that a percentage of the money from trunk fees collected by the City will go back to the watershed. Council Members Sterner and Shoe- Corrigan did not support sending the proposed letter to Commissioner Harris. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste the special work session was adjourned 10:35 p.ni. Respectfully submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, April 3, 2007, at 7:31 p.m. in the Council Chambers at City Hall, 2875 145t 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, Director of Parks and Recreation Schultz, City Engineer Brotzler, Community Development Director Lindquist, City Attorney Tietjen and City Clerk Domeier. Mayor Droste announced the City Council would observe a moment of silence for soldiers killed in action in Iraq including Specialist Shawn McDonald. He extended his condolences to Specialist NlcDonald's family and friends. Following the moment of silence, the Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated the additions to the Consent Agenda including Items 6.1 Reappointment of Fire Chief Aker and 6.m. County Highway 42 Corridor Study Request to Dakota County to Update. NIr. Verbrugge added that Item 5.a. Police Officer Oath of Office will be moved to the April 17, 2007 Agenda. Motion by Droste. Second by Stemer. Motion to adopt the Agenda with Item 5.a. pulled and additions of 6.1. and 6.m. Ayes: 4. Nays: 0. Absent: Shoe Corrigan. Motion carried. PUBLIC COMMENT Myron Napper, 3381 145 Street East, Rosemount, requested to be on the record stating the is part of a concerned citizens group established in 1997. He stated the group of east side residents formed the non- profit organization and were registered with the Secretary of State. Mr. Napper added the group has been vocal about issues in the past and will continue should the SKB expansion bring more garbage to the east side of Rosemount. City Administrator Verbrugge thanked NIr. Napper for notifying City officials and staff of the group's official status. He added he would he willing to meet with group representatives when various issues arise. DEPARTMENTAL REPORTS /BUSINESS 5.a. Arbor Day Proclamation Parks and Recreation Director Schultz stated the City will be observing its 15 Annual Rosemount Arbor Day celebration on Saturday, May 5. The City will be giving away trees from six to eight feet in height free to residents and will conduct a ceremonial tree planting. Motion by Droste. Second by DeBettignies. Motion to approve the attached proclamation naming May 5, 2007 as Arbor Day and the month of May as Arbor Month. Ayes: DeBettignies, Droste, Sterner, Baxter. Nays: None. Absent: Shoe- Corrigan. Motion approved. 1 1 6. CONSENT AGENDA Council Member Sterner pulled Items 6.f. Receive Donation Parks Recreation Dept. and 6.g. Receipt of Funds DARE. Motion by Baxter. Second by Mark Motion to approve the Consent Agenda 6.a. 6.e and 6.h. 6.m. a. Minutes of the March 20, 2007 Regular City Council Proceedings b. Minutes of the March 20, 2007 Special Work Session Proceedings c. Bills Listing d. Redesignation of Prior Years' Encumbered Funds (Resolution 2007 -30) e. Budget Amendments (Resolution 2007 -31) f. Receive Donation Parks 2J. Recreation Dcpt. DCC Resolution Item (Resolution 2007 -32) i. Municipal State Aid Mileage _Amendments (Resolution 2007 -33) j. Receive Plans Spec's /Authorize Ad for Bid 2007 Street Improvement Program, City Project #410 (Resolution 2007 -34) k. Kilcumreragh Addition (Robert Trail Library) Preliminary and Final Plat, 07 -01 -PP FP (Resolution 2007 -35) 1. Reappointment of Fire Chief Aker m. County Highway 42 Corridor Study Request to Dakota County to Update (Resolution 2007 -36) h. Ayes: Droste, Sterner, Baxter, DeBettignies Nays: None. Absent: Shoe Corrigan. Motion carried. Mayor Droste opened the Public Hearing at 7:45 p.m. 6.f. Receive Donation Parks 8 Recreation Dept. and 6.9.Receipt of Funds DARE Council Member Sterner pulled Items 6.f and 6.g. to recognize local businesses and individuals who provided donations for various events. Motion by Sterner. Second by Baxter. Motion to approve Items 6.f. and 6.g. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2007 PUBLIC HEARING 7.a. Sanitary Sewer Easement Vacation, 07 -01 -PP Community Development Lindquist summarized the staff report. While performing a title search of the property before recording the plat, it was discovered that in 1955 the Village of Rosemount recorded a sanitary sewer easement that blanketed all of Lots 24 and 25 of Auditors Subdivision 1. The blanketed easement must be vacated before the Kilcumreragh Addition can be recorded. With the easement vacated, future construction will be allowed. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2007 Motion by Droste. Second by DeBettignies Motion to close the Public Hearing. Ayes: 4. Nays: 0. Absent: Shoe Corrigan. Motion carried. Motion by Baxter. Second by DeBettingies. Motion to adopt a resolution approving the Vacation of the Sanitary Sewer Easement on Lots 24 and 25 of the Auditor's Subdivision No. I. Ayes: Baxter, DeBettignies, Droste, Sterner Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 37) NEW BUSINESS 9.a. Prestwick Place (Arcon Development) Concept Plan for the McNamara Property Community Development Director Lindquist highlighted what the concept plan for the McNamara Property included. She requested feedback from the City Council on the use of private roads and added that the use of only public roads would impact the development. Ms. Lindquist suggested if the City Council wanted to deter from using private roads that a policy should be in place. Ms. Lindquist also spoke of the access concerns at Akron Avenue noting that the plat would require approval from Dakota County. She stated the Parks Commission requested some adjustments to the proposed neighborhood park to make sure there would be useable space on the site after setbacks, easements and wetlands to have plenty of active area. She added that a topic of discussion at the Planning Commission meeting was the request for the 10 and five foot side yard setbacks in the Centex area. Staff and the Commission stated they would consider the reduced setback but staff has indicated they would like to see 10' setbacks in the block immediately adjacent to the Bloomfield neighborhood since those residents had been told development next to them would be similar. Council Member Sterner questioned the exception pieces in the plan. Ms. Lindquist stated the exception pieces are single family homes under separate ownership. Discussions have taken place with 4 of the 4 property owners regarding future right -of -way acquisition necessary for Akron Avenue construction. Mayor Droste stated he was fine with allowing private streets. He questioned how the City could connect all the neighborhoods together specifically the area along the existing Bloomfield Addition. He added how important access to trails is for residents. Council Member Baxter questioned why the roads are private instead of public. Ms. Lindquist responded that die width of the road is the same; however, for private roads there are no boulevards or additional right -of -way. The neighborhood becomes tighter when there are private streets because of the lack of boulevard and the reduction in distance of the homes from the street. She added that the City builds the roads but the developer maintains the roads. If the city continues to allow private roads it may be prudent to have a policy relating to turoback since staff has received some requests asking the City to take over maintenance. In other cities the city will take over the private road if they meet city standards in design and construction and surrounding development was also consistent with ordinance requirements. Ms. Lindquist stated that developers propose to do private streets and generally the City accepts the requests to include private streets. Council Member Baxter stated that the main roads should remain public streets. Mayor Droste provided examples of private streets in Rosemount. City Admuhistrator Verbrugge stated ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2007 there is no compelling argument as to why streets should be private. A benefit to the City is no ongoing obligation for maintenance. He added that the developer benefits by gaining more developable land. Ms Lindquist added that with less land set aside for boulevards and right -of -way areas more units are allowed. Council Member DeBettignies suggested there not be an overlay of the baseball and soccer fields. He questioned the northwest corner of the project where there was a 200 foot setback from the railroad. Council Member DeBettignies also stated his concerns with the configuration of the 5 single family lots that abut an existing gas easement. Council Member Sterner questioned how the parks fit in the comprehensive park plan. He stated he favored public streets and questioned if the private streets would include sidewalks to go with the trail system. Dis. Lindquist stated typically sidewalks are not included on private drives because of the numerous driveway entrances from the street. Rick Packer, the representative from Arcon Development, stated the project was large and complicated. He stated the project offers numerous styles of homes that work well together. The trail system will be valuable and good for marketing of the corm nullity. Mr. Packer stated he has enjoyed working with City staff. He stated that the main difference between public and private streets is the flexibility and better feel of the neighborhood private streets offer. Mr. Packer stated they have worked with Lennar to address the driveway concerns. He responded to the 200 foot buffer concern and stated the area was retained as common open space. He added the lots by the gas easement could be changed to avoid being in the easement. Mr. Packer also explained the five and ten feet setbacks between the homes. Council Member DeBettignies questioned who would maintain the green corridors. Mr. Packer stated the areas were initially designed to serve for infiltration. He added these areas need to be explored further in the next, more detailed review. Mr. Verbrugge stated storm water management techniques including stormwater infiltration areas include some interesting costs and benefits. He added that the areas will be become a public education item for maintenance. Mr. Verbrugge questioned the build out of the project and the projected market absorption. He noted it would take a couple of years for the CDA project to catch up widn the absorption from its other project. Mr. Packer stated Arcon was looking for five to seven years for absorption. Kari Gill, the representative from the Dakota County CDA, stated the intention for the apartment building is for the CDA to acquire the property and sell to a developer upon completion. As part of the sale conditions, a portion of the project would be dedicated to workforce housing. Mr. Verbrugge listed the high density development units located in the City. He added the project will fit well based upon tinting and the demand for market rate and subsidized housing in Dakota County. Jim Bauer, a partner with John Chadwick and Jonathan Wihnshurst, the property owners on the north side of Akron Avenue, stated they want to be on record stating they want to ensure their property is connected to the development parks and trail system and also the roadway system. Mr. Bauer stated that they plan to work closely with Arcon. Council Member Sterner stated his concerns with the project meeting Comprehensive Park Plan requirements. Director of Parks and Recreation Schultz stated the Parks Commission reviewed the plan in February, 2007. The Commission recommended that the park area identified as a public park be enlarged. He added the developer has included all the amenities requested. As far as how the overall development lays out against the parks master plan, two parks were suggested but based upon the commercial areas and 1 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2007 the number of units; one park will be plenty and could meet the projected need should be sufficient. He added the developer will work with District 917 to share a their active open space; however, if an agreement is not reached it is possible a park may be located on the Minnova property. The parks will be linked to the trail system withmn the Bloomfield development. Council Member Baxter stated he liked the project but does not support the use of private streets. Motion by DeBettignies. Second by Baxter Motion to adopt a Resolution approving the Planned Unit Development Concept Plan for an Arcon development named Prestwick Place. Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 -38) ANNOUNCEMENTS City Administrator Verbrugge stated the Port Authority will be holding a special meeting on April 16 beginning at 6:00 p.m. The purpose of the meeting is to receive public comment on the Downtown Redevelopment. Speakers will be provided three minutes to comment and preference will be given to Rosemount residents. Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on April 17, 2007. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:49 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 11, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a work session the Rosemount City Council was duly held on Tuesday, March 20, 2007 at 6:32 p.m. m the Upper Conference Room 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 arrived shortly thereafter. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Foster, Director of Parks and Recreation Schultz, City Engineer Brotzler, Community Development Director Lindquist and City Clerk Domeier. ADDITIONS OR CORRECTIONS TO THE AGENDA Mayor Droste stated three additional updates including l)Burying Electric Utilities on Biscayne Way; 2) Vehicle Acquisition- Consideration of Hybrid /Flex -Fuel; and 3) Library Site Development and Acquisition. DISCUSSION 2.A. Request from Rosemount Area Seniors Director of Parks and Recreation Schultz summarized the information provided in the staff report. For the past several years, the Rosemount Area Seniors have requested that the City include into the operating budget the funds to hire a part -time coordinator to plan senior adult events and activities. Forrest Krough, President of the Rosemount Area Seniors, stated he received input from various members of the group. He stated the main request is for a Senior Coordinator. The group's membership has increased slightly and would increase if a coordinator was involved to administer programs and develop new initiatives. He stated the group requested to have a coordinator in place in 2008. Mayor Droste questioned if Nir. Krough could provide data related to the amount of hours a coordinator would be needed and the amount of gaps the City is not covering. He also questioned the amount of time Lacelle Cordes spends on senior activities. Mr. Schultz stated currently hiss. Cordes spends on average seven to eight hours per week. He outlined the roles on the Senior Advisory Committee and the Parks and Recreation Department. Council Member Shoe Corrigan requested a list of needs that are not being met. Mr. Krough stated the group would like additional mini tours and educational opportunities. Council Member DeBettigmies stated educational opportunities are offered through Community Education. Fern Krough stated opportunities offered by Community Education are offered in a different setting and not geared towards this age group. Mayor Droste noted the difficulty in budgeting for 2008 and suggested developing ways to help the group that would not be as labor intensive for City staff. Council Member DeBettignies questioned the amount of money spent on the group. Mr. Schultz provided a breakdown for the usage of Community Center rooms, postage, brochures and staff time 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 11, 2007 Mr. Krogh stated the City could obtain money from the SKB Trust Fund or Flint Hills Resources. Council Member Shoe Corrigan stated the group would need to contact SKB and apply for a grant to receive funding. City Administrator Verbrugge stated if the grant application were successful, special funding may be available for a staff position. Mayor Droste suggested installing a special phone line with a recording that included events and updates. He further suggested that the group contact the senior's group or library in Apple Valley to coordinate computer classes. Ms. Irough stated computer classes are an example of where a coordinator would set up classes for seniors to attend. Discussion ensued regarding a facility request. Ms. Krough stated the City should do more for the group to keep membership from declining. Council Member Shoe- Corrigan stated that the City is supporting the seniors through the current services being offered. She added the group should check on grants available in the area and to contact local establishments that have pull -tabs. Council Member DeBettignies offered to help the group. Based upon the facilities discussion, Mayor Droste stated the request appeared to be more of a facility issue versus a coordinator issue. Council Member Baxter invited group representatives to attend the St. Joseph Church Task Force meetings to become involved in planning the reuse of the campus. UPDATES 3.A. Renaming Ordinance Bonaire Path City Administrator Verbrugge stated the Renaming Ordinance for Bonaire Path would be on the April 17 Agenda. Property owners will receive a letter providing information on the first reading and the tentative second reading for May 1. 3.B. Outdoor Recreation Complex Director of Parks and Recreation Schultz provided an update on the progress as outlined in the staff report. Mayor Droste questioned if the site plan would be ready yet this year or if a parking lot could be installed. He added that activity on the site would help with fundraising efforts. Council Member Baxter stated it was critical to start moving dirt as soon as possible. City Engineer Brotzler provided a timeline on the building of roads and parking lots. City Administrator Verbrugge stated that based upon preliminary information from Springsted, the City could issue debt on the project and avoid going out for a referendum. Mr. Verbrugge stated the City Council will discuss the financing issues in the near future. 3.C. Reallocation of Encumbered Funds City Administrator Verbrugge stated the encumbered funds in the Police Department that would be on the April 17 Agenda. There were no questions or concerns from City Council on the item. 3.D. Burying Electric Utilities on Biscayne Way City Engineer Brotzler provided a summary of the memo distributed to the City Council. Mayor Droste questioned if the cost of burying of the electrical utilides if assessed would be tax deductible. Mr. Brotzler responded yes. City Administrator Verbrugge outlined the direction in moving forward. Mr. Brotzler added that property owners would have to hire a ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 11, 2007 private contractor to change the meter out at the house and hook up to the underground service. As an inspection is required, if there are existing electrical code issues, property owners may be reluctant to connect a new service line. The City Council decided not to pay for the cost of burying the elecuical utilities but will coordinate the project. Property owners will need to provide a petition and waive rights to appeal the assessments for conversion costs. The City will provide a letter to property owners outlining the costs for inspections and permits. 3.E. Vehicle Acquisition Consideration of Hyrbid /Flex -Fuel City Administrator Verbrugge stated the Building Inspections Division researched the possibility of purchasing a "green" vehicle. He added the CIP budget has $22,000 available for a vehicle purchase. Mayor Droste thought the hybrid vehicles were too expensive and suggested purchasing a truck. Council members discussed the concern about introducing a new technology to the City when we may not have ready access to less- expensive parts and service. Comrnunity Development Director Lindquist stated that according to the warranty the battery in a hybrid car would outlast the time the City owns the car. She added the hybrid car would be the perfect type of car for the driving inspectors would be doing. The City Council general consensus was to purchase a truck, while Council Member Sterner preferred purchasing the hybrid version of the Ford Escape. 3.F. Library Site Development/Expansion City Administrator Verbrugge provided an update on the Ryan property and continuing stormwater issues relating to the Library site. Council Member Shoe Corrigan did not support purchasing the Ryan property with the County. She stated that a library expansion is not needed at this time and would occur, if at all, un die future. City Administrator Verbrugge thought partnering with the County on the purchase was the easiest thing to do to allow the City time to pull together the funding. Council Member Baxter was okay with the County purchasing the Ryan property. Council Member DeBettignies stated the City should use the property until it was needed for the expansion and did not want to remove the house if possible. Mayor Droste stated the City should own the house and rear down the garage to use the area for stormwater ponding if needed. Mr. Verbrugge stated he would check with the County to see if the City could control the house. Council Member Shoe Cotrigan stated the stormwater problems were a County issue. City Engineer Brotzler provided an update on the stormwater issues. Council Member Shoe Corrigan stated that it was unknown if the County needs the expandable space. Council Member Sterner stated if the City works with the County on purchasing the property that the City should acquire it for our use. Mr. Verbrugge provided an update on the purchases along Cameo Avenue. He added that acquiring the rest of the homes could be the cost of a future developer. 2.B. City Council Goals Discussion City Administrator Verbrugge provided Council Members with additional information that was not included with the packet. The City Council discussed the six goals as outlined in Mr. Verbrugge's 2007 Goals Report. 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 11, 2007 Goal #1 Amenities Mr. Verbrugge stated the action steps in moving forward. The City Council was in agreement with the items as listed. Goal #2 Achieve Balanced Growth City Administrator Verbrugge questioned it the City Council would like to have a definition for "home -town feel He added that the Port Authority will struggle with businesses sustaining in normal markets and rents. Council Member Sterner favored defining "home- town feel" whereas Council Member Baxter stated that defining "home -town feel" is a journey as opposed to a destination. Council Member Sterner requested that more cottage style homes be built in Rosemount. Mayor Droste stated the itnportance of technology for hitting on economic development. Ivfr. Verbrugge responded that staff is trying to figure out a structure for moving fonvatd on those issues. He stated staff would prefer to hire a consultant and work with an advisory cornnuttee to start addressing the issues in moving forward. Mr. Verbrugge stated City hall needs to bring its system up to grade, connect to other buildings and look at the fiber issue for the whole community. Mayor Droste noted that technology is the number one issue facing Dakota County. Goal #3 Maintain level and quality of City Services Mr. Verbrugge stated that the pntnary emphasis for the goal is to begin benchmarking services that are being provided to develop a reporting system. In addition to the action steps outlined in the staff report, the City Council also suggested that the request for senior activities be placed on the Park and Recreation Cormmission agenda for discussion. Goal #4 Competitive Tax Rate Mr. Verbrugge stated staff has discussed the possibility of a street -light utility during the last two budget processes. He added that staff has also worked with Ehlers Associates to evaluate short -term versus long -term revenue benefit of a request to consider expanding SKB. Mr. Verbrugge outlined the action steps and the City Council was in agreement with the goal as proposed. Goal #5 Downtown Redevelopment Discussion regarding Downtown Redevelopment was regarding the market trends and the framework for the Downtown based on a previous market study. Cornmunity Development Director Lindquist noted that the Downtown Framework was not only based on market studies but also on die valued desires of the community. Mayor Droste stated that a medical facility would fit well into the Genz Ryan site. Related to the action steps, Council Member Shoe- Corrigan stated the City should not reconvene with members of the downtown committee. Instead, she suggested that the Port Authority, City Council and Planning Commission discuss on a periodic basis the validity of the Downtown Framework and make recommended changes when necessary 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 11, 2007 Goal #6 Relationships with educational institutions Council Member Shoe Corrigan stated the importance of working with the various educational institutions and stake holders on the athletic facilities. Council Member Baxter stated the dialog with the schools should remain open. Additional Information City Administrator Verbrugge stated that in order to have entry monuments into the City easements will be needed. He stated the money set aside for the monuments will be spent after obtaining easements. Staff will negotiate the easements. Mr. Verbmgge requested feedback from Council Members on what items are important in moving forward. Mayor Droste stated retail and jobs. Council Member Sterner stated mining as part of planning for future development should be recognized throughout the review process. Council Member DeBettigrues stated annexation has not been discussed recently but is an issue that continues to come up. Mr. Verbrugge reviewed the big expense items proposed by staff. Council Member Baxter stated he estimated an additional $2,000,000 will be needed for the St. Joseph Church renovation. Discussion also ensued regarding the need for an IT position at City Hall to speak the language, work with the county, hardware, networking and handling data. Council Member Sterner questioned the status of Air Cargo. Mr. Verbrugge responded that the business study will be wrapped up soon. Mr. Verbrugge provided information on the County Road 73 proposal from Minnova. City Engineer Brotzler stated the 160 acres located on County Road 73 north of the Arcon project are in Ag Preserve. He explained the complications with the right -of -way dedication. Recent discussions have taken place regarding the pre dedication for future development of the Minnova property. In turn, the City would obtain access to right -of -way to build the road. He added that while the concept is reasonable, the valuation is not and the disparity needs to be adjusted. Mayor Droste stated the site would be fine for a facility but is not prime land due to the railroad tracks bisecting the property. Council Member Baxter questioned if other options were available. Mr. Brotzler stated an option would be to build Akron Avenue up to the site but not extend to County Road 38 until the property is out of Ag Preserve. Director of Parks and Recreation Schultz questioned if the City would want to buy the land for parks or would it make more sense to go out on Highway 52 and purchase 100 acres. Council Member Baxter was concerned with the high price per acre. Council Member Shoe Corrigan stated the area would not be a good fit for residential; however, it would be a nice addition to the outdoor recreation complex. She stated the property could be used for commercial or retail as well. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 11, 2007 Goal #6 Relationships with educational institutions Council Member Shoe- Corrigan stated the importance of working with the various educational institutions and stake holders on the athletic facilities. Council Member Baxter stated the dialog with the schools should remain open. Additional Information City Administrator Verbrugge stated that in order to have entry monuments into the City easements will be needed. He stated the money set aside for the monuments will be spent after obtaining easements. Staff will negotiate the easements. Mr. Verbrugge requested feedback from Council Members on what items are important in moving forward. Mayor Droste stated retail and jobs. Council Member Sterner stated mining as part of planning for future development should be recognized throughout the review process. Council Member DeBettignies stated annexation has not been discussed recently but is an issue that continues to come up. hlx. Verbrugge reviewed the big expense items proposed by staff. Council Member Baxter stated he estimated an additional $2,000,000 will be needed for the St. Joseph Church renovation. Discussion also ensued regarding the need for an IT position at City Hall to speak the language, work with the county, hardware, networking and handling data. Council Member Sterner questioned the status of Air Cargo. Mr. Verbrugge responded that the business study will be wrapped up soon. Mx. Verbrugge provided information on the County Road 73 proposal from Minnova. City Engineer Brotzler stated the 160 acres located on County Road 73 north of the Arcon project are in Ag Preserve. He explained the complications with the right -of -way dedication. Recent discussions have taken place regarding the pre- dedication for future development of the Minnova property. In turn, the City would obtain access to right -of -way to build the road. He added that while the concept is reasonable, the valuation is not and the disparity needs to be adjusted. Mayor Droste stated the site would be fine for a facility but is not prime land due to the railroad tracks bisecting the property. Council Member Baxter questioned if other options were available. Mr. Brotzler stated an option would be to build Akron Avenue up to the site but not extend to County Road 38 until the property is out of Ag Preserve. Director of Parks and Recreation Schultz questioned if the City would want to buy the land for parks or would it make more sense to go out on Highway 52 and purchase 100 acres. Council Member Baxter was concerned with the high price per acre. Council Member Shoe Corrigan stated the area would not be a good fit for residential; however, it would be a nice addition to the outdoor recreation complex. She stated the property could be used for commercial or retail as well. 1 1 Mr. Verbrugge stated staff will negotiate better terms as a starting point. Mt. Brotzler added if the numbers are reduced the project would become more feasible. Council Member DeBettignies stated that the concept works but he was concerned with the sticker shock. Mr. Verbrugge shared the preliminary survey results with the City Council. ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 11, 2007 ADDITIONAL UPDATES Mayor Droste stated the Friends of the Rivet Earth Day will be held on Saturday, April 21 beginning at 9 a.m. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste, the work session adjourned at 10:26 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, April 17, 2007, at 7:31 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 Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Director of Parks and Recreation Schultz, Chief of Police Kalsstabakken, Fire Chief Aker, Communications Coordinator Cox, Assistant City Administrator Foster, Conununity Development Director Lindquist, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated one addition to the Consent Agenda of Item 6.j. Authorize Agreements with Flint Hills Resources and Continental Nitrogen Flint Hills Resources Sanitary Sewer Extension, Cin Project #406. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the addition of one item. Ayes: 5. Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Police Officer Oath of Office Chief of Police Kalstabakken took great pleasure in introducing Joe Risvold to the City Council. Mr. Kalstabakken shared a note written by Mr. Risvold's uncle who is the Police Chief in Wayzata, Minnesota. He also provided Mr. Risvold's background and added that his skills and qualities will make him a successful officer in Rosemount. Mayor Droste administered the Police Officer Oath of Office to Joe Risvold. Mayor Droste congratulated Officer Risvold. 3.b. Volunteer recognition The City Council recognized all honorees who were nominated for the volunteer services they offer the City. Mayor Droste handed out certificates to all nominees that attended the meeting. PUBLIC COMMENT Council Member Shoe Corrigan provided a comment on behalf of resident. The resident requested that more pictures and maps be displayed on projects so viewers at home could better understand where a project is located. CONSENT AGENDA Motion by Baxter. Second by Sterner. 1 1 Motion to approve the Consent Agenda. a. Minutes of the April 3, 2007 Regular City Council Proceedings b. Bills Listing c. Redesignation of Prior Years' Encumbered Funds (Resolution 2007 d. Expenditure Approval from the Donation Account Parks Recreation Dept. e. Receive Donation for Police Equipment Fund f. Receive Bids /Award Contract Flint Hills Resources Sanitary Sewer Extension, City Project 4406 g. Extend Work Hours Flint Hills Resources Sanitary Sewer Extension, City Project 4406 (Resolution 2007 h. JJT Business Park Second Addition Preliminary Final Plats, 06 -49 -PP 06 -50 -FP i. Extension of Personal Leave of Absence for Fire Fighter j. Authorize Agreements with Flint Hills Resources and Continental Nitrogen Flint Hills Resources Sanitary Sewer Extension, City Project 4406. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. PUBLIC HEARINGS 7.a. JJT Business Park First Addition Easement Vacation, 06 -50 -FP Community Development Director Lindquist provided background on the project and stated the applicant was requesting another continuance to June 19, 2007. Motion by Shoe- Corrigan. Second by DeBettignies. Motion by DeBettignies. Second by Shoe Corrigan. Motion to continue the public hearing regarding vacating the drainage and utility easement over all of Outlot A, JJT Business Park First Addition to June 19, 2007. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2007 NEW BUSINESS 9.a. FIRST READING: Renaming Ordinance for Bonaire Path City Administrator Verbrugge provided background on the renaming of Bonaire Path. County Road 38 east of Highway 3 was turned back to the City as part of an agreement with Dakota County in 2005. The City Council discussed renaming the stretch of road on several occasions in 2005 and 2006 before directing staff to proceed with renaming the street to Bonaire Path. Council Member Sterner questioned if the house numbers would remain the same. City Administrator Verbrugge responded the house numbers would not change. Council Member Baxter stated his dissent with renaming the road Bonaire Path. 1 1 1 Motion to hold Second Reading of Renaming Ordinance for Bonaire Path on May 1, 2007. Ayes: Shoe Corrigan, Droste, Sterner, DeBettignies Nays: Baxter. Motion carried 4 -1. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2007 ANNOUNCEMENTS City Administrator Verbrugge stated that the results of the City wide survey have been received and overall results were positive. He added that staff from Decision Resources will provide a summery and report at a future meeting. The results of the survey will be posted on the City's website following that presentation. Council Member Baxter stated that at the Port Authority meeting held earlier in the evening a revised concept plan for Core Block East was received from Stonebridge. The revised concept was provided in reaction to the Port Authority's direction to look at other options. The concept plan was introduced to the Port Authority and briefly discussed but will be before the Port Authority again. He ended by stating the concept plan will be posted on the City's website and copies would be available at City Hall Council Member Sterner recognized Coach Bender resignation and thanked Mr. Bender for his many years of service as a basketball coach. Mayor Droste reviewed the upcoming events on the City Council. The next regularly scheduled meeting will be held on May 1, 2007. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:16 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 1, 2007, 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 included Assistant City Administrator Foster, Director of Parks and Recreation Schultz, City Engineer Brotzler, Community Development Director Lindquist, City Attorney LeFevere, Chief of Police Kalstabakken, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA Assistant City Administrator Foster stated the addition of a closed session to discuss the Arcon /Midwest Boring mediation related to the Old County Road 38 improvement project. _After the closed session, the City Council will hold a work session. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the addition of closed session prior to work session. Ayes: 5. Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 5.a. Proclamation of National Public Works Week Mayor Droste summarized the staff report. National Public Works Week will be observed in Rosemount May 20-26. Motion by Droste. Second by Sterner. Motion to approve proclamation declaring in Rosemount Public Works week 20t -26th. Council Member Baxter stated he was proud of the work the Public Works Department does for the City of Rosemount. Council Member Sterner added that the ball fields and parks always look great. Ayes: 5. Nays: 0. Motion approved. 5.b. Rosemount Resident Survey- Presentation of Results Mayor Droste summarized the staff report. Bill Nlorris of Decision Resources was present to guide the City Council through the results of the survey. Mr. Morris took great pleasure is sharing the results of the Rosemount resident survey. Decisions Resources spoke with 400 randomly selected households. The non- response rate was about 3.51/4 percent and the average time to complete the survey was about 38 minutes. Mr. Morris shared that the report was good and lungs were changing. He noted that part of trend with respect to taxes was the increase in tax resentment across the metro. Residents are happy with the way things are going but want to have more of a balance. He found it to be a short term blip and said the election has not worked its way out of the system yet. Mr. Morris stated that the quality of life rating for Rosemount was 93 °'o of the residents found it to be good to excellent. Residents most liked the "Small Town Feel" and the ambience of the community. While some ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2007 people put value on the good schools, nice people, the quiet, and the rural and opens spaces, a majority of residents found a greater value with the small town feel. Mr. Morris explained that the most serious issuing facing Rosemount was the growth and noted that residents are becoming more particularized towards development. He noted that frustration with taxes increased but not as much as development. Mr. Morris stated strength in the City of Rosemount is its sense of community. Rosemount's 85 rate in the area was a high across the metro. Residents feel a connection with their community and have a high knowledge of their neighborhood. Sixty -six percent of the residents found the City to be headed in the right general direction but 26% found the direction to be the wrong track. Mr. Morris noted that the right direction was related to the planning of the City Council. He added that residents found the speed on the Downtown redevelopment to be slow. Mr. Morris highlighted the responses on the various aspects of the community. He stated that residents felt there were too many townhomes but noted that number did drop from 2005. There was an increased concern on the higher cost housing but added that would be due to market changes. Residents preferred to see more starter homes and senior housing. He went on to state that residents felt there were not many daycare opportunities, entertainment options, retail shopping. Over 50' o feel there isn't enough retail shopping however there was a drop in residents wanting more dining opportunities. A majority of the residents found the pace of development for commercial and retail to be on track but a third found it not to be fast enough. Mr. Morris stated that two years ago, residents found residential development to be moving fast however today 54% feel it's about right and only 42 feel its moving rapidly. While the split was evenly, the direction seemed to be that growth was not threatening. He added that residents were questioned about the services offered in the Downtown. Thirty percent felt no additional services were needed and Mr. Morris noted the changes in the requests for restaurants and specialty businesses. Mr. Morris stated that two years ago 79% of the residents favored preserving land for open space and now 88% would support it in concept. However, 42% of those surveyed would not support a tax increase for that purpose. He added that 47% felt their taxes were high which indicated a challenge for the City but the percentage was inline with other metro areas surveys. The services ratings for the City continued to remain high with an 82% positive for excellent and good services. Mr. Morris stated positive feedback for storm drainage, flood control and recreational services went up. The five to one positive rating was a high across the metro area. Mr. Morris stated that residents would oppose a tax increase to expand or improve services. The most serious crimes issue facing the community went down. There was a very good valuation of public safety in the community. Mr. Morris stated that the maintenance and usage levels of City parks increased. He noted that 99% of those surveyed were satisfied with the City sponsored recreation programs. Mr. Morris stated there was opposition to support a tax increase for the construction of an athletic facility. Mr. Mortis stated that Rosemount held the highest resident empowerment level in the metro at 79 The high rating was tied to the amazing conununication network. Mr. Morris stated the Mayor and City Council held high ratings at 76 He accredited the high levels to residents believing the City Council is making good decisions and again tied in the level of communication. City staff fell into the top 10 percent of communities across the metro area with a 73% positive rating. He added that City Hall contact has never ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2007 dropped below 90% and that Rosemount currently holds the highest customer service rating across the metro area. Mr. Morris stated that the City Newsletter is viewed as a higher information source versus the local newspapers. He added that 90% recalled receiving the newsletter. The newsletter is reaching 82% of households across the City and ranks in the top three across the metro area. Mr. Morris stated that 25% were considered the core audience for watching City Council meetings at home. He added that number was above the norm in terms of viewership. He stated that 91% of the residents have access to the internet either in their homes or offices. Mr. Morris added that they received many favorable continents about the City's website and 2/3 indicated they access the website. Ninety -one percent of the residents surveyed believed their technology needs were being met which was among the highest rating in the metro area. Mr. Morris stated that a number of areas have remained consistently high including City services and approval ratings for elected officials and City staff. He noted that communications have been turned around entirely and moved to the top of the range in the metro area. Communication will influence the other questions and the communications create a tie with the community when residents feel they know what is going on. The tax climate historically has been relatively benign; however, there is now a moderately hostile tax climate. He felt that residents would react to a tax increase. He stated the Rosemount survey results are the most favorable set of findings hi the past year and the City Hall "best practices" places Rosemount at the top of the range for resident contact. Mayor Droste thanked Mr. Morris for his presentation. Commissioner Sterner questioned why people are leaving surrounding communities and moving to Rosemount. Mr. Morris attributed it to the "small town feel" that is found in Rosemount and the spirit and feel of connectivity that is found. Mayor Droste thanked City Department Directors for directing employees to deliver quality City services. He noted how gratifying the results were and stated his appreciation for the work performed every day. He also recognized receptionist Cheryle Coughlin for setting a benchmark throughout the metro with her customer service skills Motion by Droste. Second by Sterner. Motion to Receive the Results of the 2007 resident survey. Ayes: 5. Nays: 0. Motion carried. 6. CONSENT AGENDA Motion by DeBettignies. Second by Sterner Motion to approve the Consent Agenda. a. Minutes of the April 11, 2007 Work Session Proceedings b. Minutes of the April 17, 2007 City Council Proceedings c. Bills Listing d. Property Acquisition, 14340 Cameo Avenue e. SECOND READING: Renaming Ordinance for Bonaire Path (Ordinance No. L'ZI.17) f. Payment #12 Final \%ell #14, City Project #382 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2007 g. Approve Joint Powers Agreement County Road 42 /Shannon Parkway Intersection Improvementss, City Project #412 h. Danner Inc. Mineral Extraction Permit, 07 -12 -ME Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. NEW BUSINESS 9.a. Adopt City Council Goals 2007 -2008 Assistant City Administrator Foster summarized the staff report. The City Council held a goal setting session at the end of January. The goals were reviewed and discussed at the work session on April 11. Mayor Droste stated the action steps in maintaining the levels and quality of City services. He added the City is looking to establish a customer feedback system to monitor satisfaction levels. Council Member DeBettignies outlined the action step for implementing reasonable tax management strategies. He said the City will continue looking for alternative revenue sources similar to the donation of land for an athletic complex from Flit Hills Resources. Council Member Baxter reviewed the action steps for accomplishing Downtown redevelopment. He stated the City Council spends time on budgeting and tax issues and works to expand the tax base. One way to expand the tax base is with commercial development and among the areas is the Downtown. He added a solid goal has been to redevelop Downtown to take the tax burden off of the homeowners by expanding retail opportunities. Council Member Shoe Corrigan stated the City Council will continue achieving balanced growth and work with the Planning Commission, Port Authority and other commissions to review the comprehensive guide plan. She added the need for housing, commercial, retail and industrial development to support the quality of life and decrease taxes. Council Member Sterner outlined the goal of pursuing amenities appropriate to Rosemount and thanked the staff members currently working on the outdoor recreation complex and the reuse of the St. Joseph's campus. Council Member Baxter stated the goal of enhancing relationships with educational insdutions and added the City is working to have proactive relationships to expand recreational opportunities. Mayor Droste outlined the action steps for enhancing communication initiatives through greater use of technology. He added die City is working to use web streaming, a bulk e mail system and working to expand capacity and utility of the Internet communications. Mayor Droste stated the goals will be listed on the City's website. Council Member Shoe Corrigan added that the goals were not listed in order of importance and stated all goals were equally important. Motion by Shoe Corrigan. Second by Sterner. Motion to Adopt the City Council Goals for 2007 Council Member Baxter stated after every goal session he has attended he leaves more impressed with the City Council and the relationships developed. 1 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on May 15, 2007. Council Member Shoe Corrigan brought up an issue related to the Downtown redevelopment public meeting that was held on April 16. She stated the Port Authority received a petition and were told it included 2,000 signatures that opposed Downtown redevelopment. Council Member Shoe- Corrigan pointed out that the petition only included 1,631 signatures of which only 814 were Rosemount residents. She added that some of the signatures were of high school and muddle school students who are not of voting age. Mayor Droste stated that the City Council would move to closed session to discuss the Arcon /Midwest Boring mediation related to the Old County Road 38 improvement project. After the closed session, the City Council will hold a work session. City Attorney LeFevere stated the purpose for the closed meeting is due to attorney/ client privileges and the need to discuss a possible settlement of a claim. Motion by Shoe Corrigan. Second by Baxter. Motion to move to closed session. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. The City Council moved to closed session at 8:46 p.m. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 1, 2007 ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by DeBettignies the meeting was adjourned from closed session at 9:15 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 15, 2007, 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 Baxter, DeBettignies, Shoe- Corrigan and Sterner attending. Staff members present included City Adnunistrator Verbrugge, City Engineer Brotzler, Community Development Director Lindquist, City Attorney LeFevere, Conununicationss Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator stated the addition of Item 5.b. Robert Street Corridor Presentation. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the addition of 5.b. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Myron Dapper, 3381 145 Street East, Rosemount, provided comment of 42/52 interchange. He stated that a 17 year old driver was killed at the interchange. Mr. Napper added that the City Council should be advised that the new gas tax goes towards getting the road fixed to prevent such issues in the future. City Adrninistrator Verbrugge described the fatal accident at the 42/52 interchange that is being investigated by State Patrol noting there may have been a medical situation that caused the accident. Mayor Droste stated that earlier in the evening a meeting was held at Fire Station No. 2 to look at the design and reconfiguration of the interchange. He stated there was a good turnout and interest in the project but noted the bottom line was a funding issue. Jay Liberacki, US Homes /Lennar, stated he had written a letter requesting to give a presentation on the Glendalough development tonight. He stated a full presentation will be given at the work session on May 23 and he looked forward to meeting with the City Council. Mr. Liberacki provided the City Council with packets that were presented to the residents of the neighborhood at the open house earlier in May. He thanked the City Council for their consideration. DEPARTMENTAL REPORTS /BUSINESS 5.a. Commendations for attainment of Eagle Scout rank Mayor Droste continued the City Council tradition of honoring accomplishments by commending scouts who have achieved the Eagle rank in the past year. Mayor Droste presented certificates of commendation to David Hendricks Sterns and Justin John Brown for earning the eagle rank. He also acknowledged their parents who were in attendance and thanked them for the strong leadership and support they provide. 5.b. Robert Street Corridor Presentation Sam O'Connell, project manager at Dakota County, provided the Introduction to the Robert Street Corridor Transit Feasibility Study. She reviewed the major projects the County is involved in and outlined the purpose of the feasibility study. Ms. O'Connell also explained the roles and responsibilities of the Steering Committee and the Technical Advisory Committee and outlined the scope of work highlights. Council Member Sterner stated the focus was to the north and south and he questioned if there is any work being done to tie together the cast and west between Hastings and Burnsville. Ms. O'Connell replied that legislation is focused to the north and south but Dakota County is look at the east west connection along Count Road 42. Mayor Droste thanked Ms. O'Connell for the presentation and for sharing the focus of the study. 6. CONSENT AGENDA Council Member Sterner pulled item 6.c.; Council Member Shoe Corrigan pulled item 6.g.; and City Administrator Verbrugge pulled item 6.e. Motion by Debettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda with removal of items 6.c., e., and g. a. Minutes of the May 1, 2007 City Council Proceedings b. Bills Listing c— Receive D nation Parka Recreation Dept. d. Settlement with _Aeon (Resolution 2007 -41) f. Change Order #1 Connemara Tower Painting, City Project #411 g. Kidder Park Apartments; Boiselair Corp Motion by Sterner. Second by Shoe- Corrigan. Motion by Sterner. Second by DeBettignies. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2007 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.c Receive Donation Parks Recreation Dept. Council Member Sterner acknowledged the donation received from Life Wellness Center to be used for the annual Ground Pounders Run event. Ayes: 5. Nays: 0. Motion carried. 6.e. Receive Bids /Award Contract 2007 Street Improvement Project, City Project #410 City Administrator Verbrugge stated the Cid does an annual street improvement project and this year received very favorable bids for the projects. City Engineer Brotzler stated bids were received for the street improvement program and the contracted was awarded to the lowest bidder. For the project, the City received 11 bids and the amount of competition in the area was reflected in the low bid prices. He stated the low bid for the project was $1.2 trillion which was about 40% below what the original estimates were for the project. He added that one resident requested a rain garden and the plans did not include a rain garden. However, the location was appropriate and the City will work with the homeowner and contractor to add the rain garden and the change order will be brought to City Council at a later date. Council Member Sterner questioned if the City had prior dealing with the awarded contractor. Mr. Brotzler replied the contractor would be new to Rosemount but that WSB has worked with the contractor in other communities. He added that neighboring communities provided favorable cotrments about the contractors when the City was checking references. Motion to Adopt a Resolution Receiving Bids and Awarding the Contract for the 2007 Street Improvement Project, City Project #410. Ayes: 5. Nays: 0. Motion carried. (Resolution 2007 42) 6.g. Kidder Park Apartments; Boisclair Corp Council Member Shoe- Corrigan explained the item was a resolution to support redevelopment of the Kidder Park apartment site. She recognized the partnering effort and the intent to keep applying until the project qualifies for the tax credit program. Council Member Shoe Corrigan thanked staff for working together with other agencies on the project. Motion by Shoe Corrigan. Second by Sterner. Motion to approve a resolution supporting redevelopment of the Kidder Park apartment site. Ayes: 5. Nays: 0. Motion carried. (Resolution 2007 -43) Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2007 44) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2007 OLD BUSINESS 8.a. Approval of Rosemount Business Park EAW City Engineer Brotzler summarized the staff report providing background on the project. He stated comments were received from the standard groups that respond to RAWs. He noted there were not significant comments. The project is for a proposed Business Park development and staff was anticipating the applicant will submit a preliminary plat this summer. Motion by Baxter. Second by DeBettignies. Motion to adopt a Resolution issuing a negative declaration of need of an Environmental Impact Statement for the Rosemount Business Park. ANNOUNCEMENTS Chairperson Baxter stated there was a good turnout for the Arbor Day Celebration on May 5. Over 150 trees were given away. He thanked the Parks and Recreation staff for the great job they did handling the giveaway of trees and the planting of a new tree in Central Park. Council Member Baxter provided an update of the May 15 Port Authority meeting that was held prior to the City Council meeting. He stated the Port Authority took action to set a public hearing on a 5 -2 vote to consider the use of eminent domain for property located at 14630 South Robert Trail. He added the decision was not taken lightly by the members. Council Member Baxter stated that in 2004 the Port Authority chose CPDC as a development partner. CPDC then brought Stonebridge to the table. Last month Stonebridge provided a revised project for Core Block East. All acquisitions in Downtown up to this rime have been with willing sellers. Council Member Baxter stated that the Port Authority made an offer to Dr. Hansen. Dr. Hansen asked for an extension and the Port Authority granted an extension until noon on May 14. Council Member Baxter continued that Dr. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 15, 2007 Hansen indicated he is a willing seller but no definitive response was made to the offer. He added that Dr. Hansen has claimed that the public does not support the Stonebridge project on the table. Chairperson Baxter stated the Port Authority selected a developer and continues to work with that developer. The resident survey found there to be a high level of frustration with the failure to move forward with the Downtown. He stated that after the public hearing on June 19 there will be an up or down vote on the project. Council Member Baxter added that Dr. Hansen has suggested other ways to negotiate and the Port Authority's stated intention is to continue to work together toward a mutually beneficial sale of the property. The Port Authority will vote in August and if the decision is to use eminent domain, the property will have to be purchased for its fair market value. He ended by saying the citizens deserve an up or down vote and to see us move forward to allow the additional tax base. Council Member DeBettignies recognized students that have participated in the DARE programs as the local schools. He congratulated all students who will be graduating from the program this year. Mayor Droste read the American Red Cross Get Ready Campaign proclamation adopted on March 20 to remind residents to Get a Plan, Get a Kit, and Get Involved to help save lives in the community. Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on June 5, 2007. City Administrator Verbrugge stated that next week is Public Works week. He also questioned if the City Council meeting on July 3 should be cancelled since two Council Members will be out of town. The City Council concurred that the meeting should be cancelled. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:26 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Wednesday, May 23, 2007, at 6:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies and Shoe Corrigan attending. Council Member Sterner arrived shortly thereafter. Staff members present were City Administrator \'erbrugge, Finance Director Iytay, City Engineer Brotzler, City Clerk Domeier, Planner Lindahl, Assistant City Administrator Foster, Management Analyst Watson, GIS Coordinator Kasel and Operations Superintendent Cook. DISCUSSSION 2.A. Lennar Corporation Glendalough Planned Unit Development (PUD) Amendment, Case 07- 11 -AMD Planner Lindahl summarized the background and project as outlined in the staff report. He stated that a neighborhood meeting was held on May 3 with approximately 12 -15 families attending. He noted the positive response from those who attended the open house with only one neighbor that preferred the look of the existing homes. Mr. Lindahl stated the central issue was to determine whether or not the proposed series of homes was acceptable under the PUD. If City Council found the homes acceptable, staff would request that the applicant seek a PUD Honor amendment to formally add the proposed elevations to the PUD. Jay Liberacki of Lennar Corporation introduced Theresa St. Amant, Denise Boyles and Julie Perris to the City Council. Ms. Boyles stated that at the open house the feedback was very positive and the homeowners liked the new architecture. She added the main concern was to carry the four sided architecture including James Hardie siding which Lennar plans to continue. She noted the elevations would be very sunilar to the current homes. Ms. St. Arnant stated that at the open house the neighbors were excited to see the addition of new homes and the variety. She added that Lennar has listened to the customers and continues to try to make the homes better. The market conditions have come around and have forced Lennar to move faster. Ms. St. Amant stated the garages would be larger and she felt that the new elevations still met the PUD with the front load garages. Ms. St. Arrant referred to the handout provided to the City Council. She highlighted Section 1 stating the comparisons between the American Heartland series vs. the PUD. She spoke of the issue related to impervious surface. Ms. St. Amant believed the homes matched what was currently located in Glendalough. Council Member Sterner questioned if the new homes would have the step down feature in front of the house. Ms. Boyles stated that anyone with a disability had trouble entering the home. Ms. St. Arnant added that they have seen people trip over the feature and therefore it was elinwnated. Council Member Shoe Corrigan requested explanation of the streetscape. Ms. St. Amant explained the 25 foot setback to the garage and stated it would vary from home to home. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 She added there was movement in the front of the homes. Council Member DeBettignies questioned if the 25 setback was to the garage. Ms. St. Amant responded that they automatically keep it back so vehicles are not coming over the sidewalk at the end of the driveway or draping over the curb. She provided an illustrations showing how different it can look from home to home. Council Member Sterner questioned if the older models would still be offered. Ms. St. Arrant stated yes but models that did not sell would be discontinued. Council Member Baxter questioned how many homes were currently built in the project. Ms. Boyles responded about 90 homes. Council Member Shoe Corrigan questioned if the setbacks on the lots would be the same as the current homes. Ms. St. Amant responded yes and that Lennar was not asking for a PUD amendment since they believe they meet the criteria of the original PUD. Council Member Shoe- Corrigan questioned how Lennar has addressed previous concerns with the garages. Ms. St. Arrant stated the garages will have the same setback as they do currently. Nis. Boyles drew attention to where the stoops were located and how the setbacks would be met based upon that location. Council Member Baxter acknowledged that the last sentence of the current PUD states that all garages should be recessed four feet from the principal structure. Ms. St. Amant stated that the porch is the pruhcipal structure. Council Member Baxter questioned the porch being the principal structure. Ms. St. Amant replied that the porch has been considered the principal structure already in the neighborhood. Mr. Lindahl stated that staffs interpretation would be that the house is the principal structure. Ms. St. Amant stated that two of the four elevations show the porch as the principal structure. 1`Ir. Lindahl made it clear that it was not staffs interpretation and requested direction on processing the new elevations. Council Member Shoe- Corrigan stated she was not fine with the Worthington or Pennington elevations. She stated when it carne through the Planning Commission the goal was for the project to resernble the Liberty on the Lake project and the garage was not to be the focal point. The homes were to be orientated to the street and include a sidewalk for the focal point. She added that the Worthington and Pennington look like typical suburban homes. Ms. St. Amant stated that she felt Lennar followed the spirit of the PUD and the American Heartland series meets the requirements of the PUD. Council Member DeBettignies referred to the February 14 minutes and noted the concerns with impervious surface, setbacks and driveway space. He noted Ms. St. Amant's comment at that meeting regarding the garage setbacks and the vehicle length. Ms. St. Amant stated that her comments are still true. There would be 10 feet plus the minimum of 4 feet which would set it back at least 23 feet. Council Member DeBettignies questioned if she was measuring from principal structure, said to be the porch, to the back of the garage. Ms. Boyles stated that was consistent with what they currently do. Council Member DeBettignies stated he had no questions if that is how it was already laid out. ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 Council Member Shoe Corrigan requested that the porches should be bigger. Ms. St. Arrant replied that the porches were bigger noting only two have a 10 foot porch and the rest all have a six foot porch. Council Member Shoe- Corrigan stated the staff report shows different dimensions. Nis. St. Amant stated that the chart in the staff report did not give a true comparison. Ms. Boyles stated the porches were similar to those currently in the project. Ms. St. Amant added that Lennar designed the porches following the PUD requirements. Council Member Baxter questioned if the Glendalough HOA was contacted and their opinion about the changes. Ms. St. Amant replied they received ovenvhehning support from the HOA. Mr. Liberacki stated all members of the HOA were invited. Ms. Boyles stated that the homes were very popular and the members were excited to see some variety and a different twist added to the neighborhood. Ms. St. Amant again stated that she believed Lennar was meeting the PUD requirements. Mayor Droste stated that his previous perception was that the project was being toned down and would include less expensive homes. He stated that he saw a different product now and noticed the larger square footage based upon the graphics that were provided. Ms. St. Arrant stated the footprints were much different and that they took advantage of the space over the garage. Mr. Liberacki stated that after the open house and a conference with the builder he has been continually asked about the new plans. He added the consistent comments he has received include staying with the same architecture, incorporating the James Hardie siding, and including a price point that is equal or higher to the prices already established. Council Member Shoe- Corrigan questioned We stacking of cars in the driveways and if there was enough space for more than one car on the driveway. Mr. Lindalil stated staffs understanding was that Lennar would recognize that some additional setback was necessary looking at the minimum standards of the PUD agreement. Council Member Shoe Corrigan stated that the houses would need to be setback further from the street to get that setback. Ms. Boyles stated they still have the same minimum setback. Ms. St. Amant added that the setback was automatically taken up with the front porch steps and is consistent with how it is currently measured. She added with the garages being bigger all the cars can fit inside. Council Member Shoe Corrigan questioned if the front porches would be the same size. Ms. St. Amant stated the size of the front porch would vary from elevation to elevation. Ms. Boyles added that the depth of the porches is similar. Council Member Sterner questioned if the project had 257 lots. Mr. Liberacki replied that the project would have 251 lots. Council Member DeBettignies commented to the Lennar group that they know the market and what they need to sell. His only concern was where the footprint was lying and he noted it was explained during the presentation. He appreciated Lennar holding the open house and wished them the best of luck with home sales. Nis. St. Amant said to contact her with any questions. Chairperson Baxter stated he was most concerned about what the homeowners thought of the change in the project. ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 Mr. Lindahl stated staff was asking whether or not the elevations are consistent or acceptable under the PUD requirements. The determination will affect what amendment process staff would ask the applicant to go through. If the item is not controversial, staff would proceed with a PUD minor amendment. Mr. Lindahl stated the standards for amendments are laid out in the PLID ordinance and it was staff's opinion that this project would require a minor amendment. Mr. Liberacki commented that the plans show that Lennar was in conformance with the PUD and he questioned why Lennar would need to amend something that is already consistent. Council Member Shoe- Corrigan stated that the Pennington and Landcaster elevations do not meet the PUD. Mr. Liberacki stated the urgency in moving forward noting it would take approximately 90 days to complete a model. He wanted to have some models ready for the fall parade of homes tour. Council Nlember DeBettignies stated the PUD should be reviewed to figure out where the discussion is and whether to consider the original foundation or the front porch the principal structure. City Administrator Verbrugge stated that staff's perspective was that the change would require a minor amendment. He added he was less inclined to respond to the urgency given the amount of time that lapsed since discussions in February. He added that if a minor amendment were approved at the I une 5 meeting there would still be plenty of tune to build a home for the parade. Mr. Lundahl explained staff's practice for when consensus is made to move forward with a minor amendment stating staff would begin to review the permits and once the PUD has been acted upon the permits would be issued. Council Member Baxter stated he was fine with doing a minor amendment. Council Member Sterner stated the vision looked good and he had no issues. Mr. Liberacki asked for clarification on opening up the PUD. He added that Glendalough was part of the Evermoor development which included a massive give and take in negotiations. He stated that the City Council and City staff present was not even around during that approval process. Mr. Verbrugge stated City Council was comfortable doing a minor amendment. He stated it could be put on the agenda for June 5 and move ahead at that time. Mayor Droste requested that clarifications on the setbacks be included in the staff report. 2.B. Public Works Annual Report 2006, CarteGraph Demonstration City Engineer Brotzler stated a number of employees from the Public Works Department were in attendance for the presentation of the 2006 Annual Report. Mr. Brotzler recognized the efforts and hard work of Christine Watson, Mike Kasel and Jun Koslowski for compiling the report. He added that the report represented the hard work of the crews throughout the year. Mr. Brotzler stated that Rick Cook was recently recognized for his 35 years of service to the City. Public Works employees John Cusack, A.J. Korpela, Steve Strese, Jim Koslowski, Bob Barfnecht, Joe \Werden and Matt Force were introduced to the City Council and shared the number of years they have been employed with the City. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 Mr. Brotzler stated the presentation tonight would show the technologies that are being used to create the annual report. He stated a big improvement from the past was the tracking of utility permits electronically to ensure there is follow -up on the work. Cartegraph has been used on hand held devices in the parks to perform inspections and track issues with equipment. The real time data helps keep track of what is going on and ensures documentation of inspections. Work orders can be created immediately so that all safety issues are covered. He added that with staff having laptops with internet access in their vehicles they can pick up all Gopher One locates rather than coming back to the office. Additionally, all as -builts can be found on the laptop which has worked out well to pull up the information when meeting with contractors. Mr. Brotzler added that with catch basin cleaning and jetting the technology has helped to expedite staff time in the field for collecting data in an effective manner. Christine Watson provided a demonstration of CarteGraph sharing examples of the many features included in the program. Mayor Droste questioned if it was possible to run reports on snowfall dates showing the weekend rates and amount of overtone. Mr. Brotzler stated a report could be created that show a compilation of information. Mayor Droste stated when looking at the costs that add up would it make sense to contract out for snow removal. He questioned how the decision could be made. Council Member DeBettigniess stated there was only one year of information and after a few more years reports could be made with comparison charts. Mr. Brotzler stated that once the system was built up the data would be there to do more reports. He added that unlike other cities, all of the Public Works employees plow during any event. Mike Kasel explained the mobile technology action including the hand held GPS. He stated the GPS was accurate within one foot. By using the handheld technology the data entry errors have been reduced. He explained how technology has helped with the maintenance of the sanitary sewer and street sign maintenance as well as utility locates. City Administrator Verbrugge stated that the system designed was two years in the making. He gave credit to the Engineering and Public Works employees who have utilized the system to make their jobs easier. He added there has been excellent management of the system by Andy Brotzler, Rick Cook and other employees. Mr. Verbrugge stated that Christine Watson, Dlikc Kasel and TJ Thurlow do amazing work with the program. Mayor Droste stated he was impressed with CarteGraph. He thanked the Public Works staff for attending the meeting. 2.C. Budget Overview Cir Adnnnistrator Verbrugge stated that the approach to the budget would be similar to last year. He stated staff would evaluate the current operations and services provided now and determine what was necessary to keep services as the same level. There may be new initiatives to consider for next year. Mr. Verbrugge questioned how the City Council wanted to handled the market value homestead credit. He stated the benefits of acquiring the two remaining parcels near the St. ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 Joseph campus properties earlier rather than later. He requested any targets, expectations or special areas of focus the City Council would like to discuss. Council Member DeBettignies stated that he thought the market value homestead credit was higher. Finance Director May stated the number originally calculated was higher but the City has never received that amount any of the years since the credit was instituted. Mayor Droste shared his concern with the tax reform and reminded everyone to be sensitive looking at the budget for next year. He stated the money should go towards property tax relief. Mr. May spoke of how the City could set the levy based upon the tax relief. Mayor Droste noted the potential for an outdoor athletic complex referendum at some point next year. Mr. Verbrugge stated the need to evaluate the service cost related to the project and noted the funds available in the park dedication funds. He stated the funds could be used to get rolling on grading before going out and making the request. He also stated the referendum would not hit taxpayers until 2009. Mr. May explained that the referendum would not go against the market value but would go against the tax capacity. Council Member Baxter agreed with Mayor Droste if the City received the $350,000 then don't levy for it next year. Mr. Verbrugge stated if the money was received this year it could be used for current needs or put in the fund balance to bolster that account. Council Member Shoe- Corrigan shared her concerns if the City did not levy for the amount. Mr. May stated it was a risk the City would be taking not knowing if levy limits would be put in place. Council Member Shoe Corrigan was in favor of using the $350,000 towards the fund balance. Council Member Baxter stated that next year would be the year to take a step in lowering the tax rate. Mayor Droste noted how fortunate the City has been with its growth. Council Member Sterner was cautious to lower the tax rate knowing there would be a larger spike in taxes if an athletic complex were built. He suggested rather then setting a decrease to keep it at a manageable levy. The extra money could be used to buy down the debt on the athletic facility. Mr. Verbrugge suggested waiting to review what the departmental requests include and at that time, the City Council could prioritize where to put the money. Council Member DeBettigmies stated the City Council has reduced the burden over the years on the residents. The horse values went up. He was fine with waiting to review the director's reports and to analyze and break them down to evaluate where to select the priorities. Council Member Baxter stated he wanted to see the City build a complex but he was not sure that a referendum would pass. He questioned if we want to protect against that and fund the complex without a referendum. Council Member Shoe Corrigan stated there should be corporate sponsors involved. Council Member Shoe- Corrigan questioned how surrounding communities fund their capital improvements. Mr. Verbrugge stated that some communities have alternative revenue ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 sources or may manage their tax rate differently. Council Member Shoe Corrigan stated she would like to hear creative ideas of how other tides fund their capital improvements. Council Member Stemer requested that more work be done on the greening initiative. Mr. Verbrugge responded that the DCTC and the City will be working on initiating plans. Council Member DeBettignies requested a spreadsheet showing money spent to date with the gap included for 2005, 2006 and 2007. 2.D. Fiber (Technology RFP) City Administrator Verbrugge stated staff received a compelling continent from LOGIS that the RFP the City was looking to issue was too broad and should be narrowed down. Mr. Verbrugge walked the City Council through the issues outlined in the staff report. He stated the RFP consisted of a two phase approach. Phase I included internal organizational technology needs and Phase II was geared toward community technology needs. Mr. Verbrugge stated that staff would like to move forward on Phase I as soon as possible. Mayor Droste suggested using an IT department employee from either the City of Apple Valley or Eagan to put together Phase I for the Cite. Finance Director May stated the issues with connecting to the INet and believed the City needs a consultant to provide assistance with getting all government buildings on fiber and how to utilize the internal network. He also questioned if the City would receivevnternet through the state or through Frontier. He added that the cost for the state Internet is expensive and the cost will depend upon the amount of bandwidth that is needed. Mayor Droste spoke of the risks with sharing conduit with private users. Council Member DeBettignies stated alternatives such as a VPN system. Mr. Verbrugge stated that staff would not have experience using a VPN system. Assistant City Administrator Foster stated that all approaches for technology have been hand -aid fixes and staff is trying to do the best with what they have to use. Council Member Shoe- Corrigan questioned if the City could work with other entities besides the County for laying conduit and networking. Mr. Verbrugge responded that the school has been an unwilling partner. Mr. May provided background history of F1 1 H fiber located at the school. Council Member Shoe Corrigan stated the City needs someone with expertise. Council Member Baxter stated that a consultant should be used for Phase I. Mr. Verbrugge stated that Phase II could be done as a collaborative effort. Mayor Droste questioned the cost of hiring a consultant. Mr. Verbrugge figured a consultant would cost anywhere from $30,000 to $50,000. :Mayor Droste preferred using a citizen task force. Mr. Verbrugge responded that using a citizen task force would be better utilized for Phase 11. UPDATES 3.A. PC Purchases Finance Director May provided background from the last budget session and explained the cycle of replacing half of our computers every two years. He stated that this year staff was proposing to replace the computers that have been recycled. The driving reason was the 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 City went through the state to get a lease instead of having to buy a new license every time a new package comes out for the Microsoft Office program. He stated that nobody is rushing to buy the new package but the computers that would be replaced wouldn't run efficiently when the package is brought online. Mr. May added that some senior management members have expressed interest in using laptops. In addition to being used by staff, the laptops could also be uti]iied for department presentations. Discussion was held regarding purchasing laptops for the Mayor Council Members. Mr. May stated that there were encumbered funds that could be used to pay for the laptops. Council Member DeBettignies requested that enough memory space be available for the laptops. Both Council Members Shoe- Corrigan and Sterner favored receiving packets on flash drives. Mayor Droste directed Mr. May to move forward on the purchasing of computers and laptops. ADDITIONAL UPDATES City Administrator Verbrugge stated that Les Blake was selling his interest in Loch building to Dr. Hansen. The closing date may be before June 1. He added that Mayor Droste, Council Member Baxter and hhnself would be meeting with Dr. Hansen and Len Levine on May 31. In addition, he stated since the green newsletter was sent to all residents that staff had not received any phone calls but did receive one emailed comment. Council Member Baxter reported that a reliable source indicated that CPDC was going out of business. Mr. Verbrugge stated a decision point in the near future would need to be about the franchise agreement. Within a year, Evermoor folks may have to get cable services from an outside provider. Council Member Sterner suggested that another option for the St. Joseph's playground may be the site where the former blue house was located. NIr. Verbrugge responded that the site was fairly small and currently the Muddle School uses the area for a playground. Council Member Sterner questioned the water issues in the Bloomfield development. Mr. Verbrugge stated the issues would be addressed about five to eight years down the road. The difficulty is the location of the development being at the edge of an urban area. Council Member Sterner questioned if the City was going to provide signage related to deaf residents, etc. Mir. Verbrugge responded signage of that type had been found ineffectual. Council Member Sterner requested an update on the issues Forrest Krogh raised regarding his water meter. Finance Director May stated that Mir. Krogh returned his water meter and the City refunded him the cost of the meter and permit. Mr. Krogh did pay the water and sewer connection fees but chose to not to hook up to water. Mir. May stated that Mr. Krogh did hook up to sewer due to a failed system. Mr. Krogh was concerned about his bill since he was being charged the minimum for the meeting. Mr. May stated it would not be fair to charge Mr. Krough a lower amount. 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL WORK SESSION MAY 23, 2007 Mayor Droste stated that District 917 may be locating at the County building on Biscayne Avenue. Mayor Droste also spoke of the transit component and the legislative session. He added that the City needs to become aggressive on transit issues. Mr. May provided the funding background on the MTVA issues. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 10:23 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 5, 2007, 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 included Gin Administrator Verbrugge, Assistant City Administrator Foster, Finance Director May, Chief of Police Kalstabakken, Director of Parks and Recreation Schultz, Community Development Director Lindquist, City Attorney LeFevere, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated there was additional information for Item 6.n. Receive Bids /Award Contract Bacardi Tower Driveway, City Project No. 355. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with the additional piece of information for Item 6.n. Ayes: 5. Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 5.a. Police Officer Oath of Office Chief of Police Kalstabakken introduced Officer Dan Gleason to the City Council and community. He provided utfonnation about Officer Gleason's background. Officer Gleason started field training on April 23 and should have completed the program by mid July. Mr. Kalstabakken welcomed Officer Gleason to the Rosemount Police Department. Mayor Droste administered the Oath of Office to Officer Gleason and wished him the best of luck in his new position. 5.b. Recognition Parks and Recreation Commission Director of Parks and Recreation Schultz stated that tonight the City Council would like to recognize the efforts and hard work of three previous Parks and Recreation Commissioners. He stated one of the biggest projects that the commissioners were involved in was the land donation and planning for the outdoor athletic complex. Other projects included the expansion of the skate park and development of a number of neighborhood parks and preservation of open space on the \k'ildund property. Mayor Droste presented plaques to Mark Jacobs and Eric Johnson as a thank you for their contributions. Kelly Sampo was absent from the meeting. Mayor Droste also added the commissioners played a parr in the upgrading of park signs. He added that much of the work the commissions do is invisible and the planning takes longer than the building of trails. 5.c. Presentation and Acceptance of 2006 Comprehensive Annual Financial Report (CAFR) Finance Director May introduced Jim Murray with Virchow Krause. Mr. Murray stated the City's fund balance goal is set at 55% by policy. The City ended the year 2006 at 52° which means that financially the City is sitting very well. He did note that the arena fund was operating at a loss and requested that the City Council pay attention to that fund. Mr. Murray stated that the management letter that was issued included a number of new accounting and auditing standards for the 2007 audit. He stated that 95`Yo of the clients have received the same comments in management letters. Council Member DeBettignies thanked Mr. Murray for the recap. Discussion ensued regarding the internal controls and the new reporting requirements. Dir. Murray stated that looking at the requirements in theory Ayes: 5 Nays: 0. Motion Carried. (Resolution 2007 45) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2007 the City would be protecting against fraud. Council Member DeBettignies commended Mr. May and staff for their great work and stated he was proud of the work they do for the City. Mayor Droste questioned the ball park numbers that are looked at for suburbs of certain sizes. Mr. May commented that the general fund balance is a key number and that the City has a formal policy that sets the percentage at 55' The debt margin is 2% of the total estimated market value so there is plenty of margin should the City need to borrow (approximately $30,000). Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt a Resolution Accepting the 2006 Comprehensive Annual Financial Report. 6. CONSENT AGENDA Council Member DeBettignies pulled item 6.s. Lennar Corporation Glendalough Minor Planned Unit Development (PUD) Amendment, Case 07 AMD for discussion. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda items a. through r. and t. a. Minutes of the May 15, 2007 City Council Proceedings b. Bills Listing c. Technology RFP d. Approval of Revised :Meeting Schedule e. 2007 3.2% Malt Liquor License Renewals f. Charitable Gambling Premise Pemnit Renewal for American Legion Post No. 65 (Resolution 2007 -46) g. On Sale License on Public Premise h. Expenditure Approval from the Donation Account Parks Recreation Dept. i. Receive Donation Parks Recreation Deparunent j. Trail Design Proposal interpretive Trail Corridor k. Outdoor Recreation Complex Landscape Architect /Park Planner Contract 1. Ratification of Fire Department Appointments m. Dakota County 2008 2012 Draft CIP n. Receive Bids /Award Contract Bacardi Tower Driveway, City Project #355 (Resolution 2007- 47) o. Receive Quotes /Award Contract Landscape Improvement Project P. Change Order #2 Old County Road 38/132 Court West Street and Utility Improvements, City Project #387 Expenditure Approval from the Donation Account Community Development Dept. Endres Processing Minor Planned Unit Development Amendment (Resolution 2007 48) q. t. u D 07 11 AMD t. Approval of Interfund Loan Transfer (Resolution 2007 -49) Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.s. Lennar Corporation Glendalough Minor Planned Unit Development (PUD) Amendment, Case 07- 11 -AMD Council Member DeBettignies thanked Lennar for holding the open house in the Glendalough development. He stated his concerns with the setback change comparison and questioned if the street side yard setbacks are only on the corner lots. Community Development Director responded that he is correct and that the visual triangle section of the ordinance would also apply. Council Member Shoe Corrigan requested clarification on the setbacks from the street that increased from 15 feet up to 24 feet to allow for stacking on the driveway. Ms. Lindquist stated the setback would depend upon which building type is being used. Council Nlernber Shoe- Corrigan questioned if anything in the amendment addressed the surrounding houses and the setbacks. Jay Liberacki commented that there are about 9 undeveloped lots in the older subdivisions, next to existing houses. Council Member Shoe- Corrigan questioned with the houses that are existing would the new homes be similarly lined up or would there be a huge jump in the setbacks. Ms. Lindquist stated that language could be added to address uniformity in setbacks. The biggest concern was having enough room in the driveway to park a vehicle without going into the road. Theresa St. Arrant added that the setback was only from the garage. Ms. Lindquist stated that staff could add language to the PUD as requested. She suggested making it part of the motion for approval. Motion by DeBettignies. Second by Baxter. Motion to approve the minor amendment as directed to the Evermoor Planned Unit Development (PUD) Agreement incorporating house elevations and setback changes to the American Heartland Series in the Ex-et Glendalough neighborhood. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2007 NEW BUSINESS 9.a. Robert Trail Library Site Plan and Rezoning, Case 07-16-SP Community Development Director Lindquist was pleased to bring the library project before the City Council. She provided background of the zoning of the property as outlined in the staff report. She also spoke of the site plan going ovet the various aspects including access, landscaping, ponding and architecture. Ms. Lindquist focused on the primary issues and stated staff has reviewed plans and worked with the County over the past several months. The site lightning would need to be revised and minor modifications requested by die City Engineer regarding the grading pernut and construction need to occur. Staff requested approval of the rezoning and the site plan consistent with Planning Commission recommendations. Mayor Droste questioned if the project moved forward when digging would begin. Mr. Saienga stated bids would be taken in August and construction could start in September. He stated the footings and wall construction could begin in the fall and the building would be enclosed by the following fall. He was optimistic for a January 2009 opening depending upon how long it would take to install shelving and books. Mayor Droste expressed concern with the landscaping plan including ash trees. He stated the trees would be susceptible to the ash beetle disease. Mr. Saienga stated he would check with the landscape designer to fund an alternative type of tree. Mayor Droste stated there was a lot of anticipation and excitement for the project. Mr. Saienga stated the feelings were the same with County staff and the County Board. Council Member Baxter commented that he loved the plan but not the name of the library. 1 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 5, 2007 Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt an Ordinance rezoning the site from R -IA, Low Density Residential to PI, Public /Institutional. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Ordinance B -188) Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Site Plan for the Robert Trail Library, subject to the following conditions: 1. Issuance of a building permit. 2. Conformance with all conditions of the City Engineer's Memorandum prior to issuance of a building perrnit. 3. Site Lighting shall be revised to allow no more than 1.0 lumen at the southern property line. 4. Submission of a separate administrative sign permit application. Ayes: Stemer, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on June 19, 2007. City Administrator Verbntgge noted the calendar addition to Saturday, July 21 for the open house of Fire Station No. 2. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:23 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, June 13, 2007, at 6:35 p.m. in the Conference Room at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan and Sterner attending. Council Member Baxter arrived shortly thereafter. Staff members present included Ciry Administrator Verbrugge, Assistant City Administrator Foster, Director of Parks and Recreation Schultz, Community Development Director Lindquist and City Clerk Domeier. DISCUSSION 2.A. Ireland Trade Mission Presentation LaDonna Boyd distributed the draft Ireland initiative press release and itinerary for the trip. She noted that the group would no longer be going to Waterford. Community Development Director Lindquist spoke of the areas that Council Member Baxter would be visiting %vhile he vacationed in Ireland later this month. By doing so, the group would have a better handle on which City would be a good sister cirv. Ms. Boyd provided an overview of the events including seminars and business surveys that will he used to establish a foreign business partner and the trip itself. Mayor Droste questioned the purpose of having a sister city. Ms. Boyd responded the bonds that could be created with developing a school and teacher exchange, advancements in technology, housing trends, business growth and the other benefits of social, educational and cultural growth. Ms. Lindquist added that the comm can embrace the relationships in different ways and noted the school connections that could be developed. She added that some communities do cultural days to tie the connection with the sister city. Nis. Lindquist stated that Ms. Boyd would need to know as soon as possible everyone's interest in going to Ireland. Council Nfember Sterner and Mayor Droste expressed interest. Ms. Lindquist added that she had recent conversations with the City Attorney regarding the use of public funds and distributed a memo regarding public expenditures. Ms. Boyd stated the press release would be issued soon and commitment from the Mayor and Council Members would be needed almost immediately. The City Council thanked Ms. Boyd for attending the meeting and providing the update. 2.B. Greening Initiatives for Rosemount Community Development Director Lindquist provided the update and background on the three prong greening approach listed in the staff report. She referenced the greening flyer that would be distributed with the utility billings. Staff intended to have a contractors meeting to have a discussion about greening but noted that staff is trying to get their arms around the different greening programs available first. Ms. Lindquist stated that a rain garden would be added to the west end of Schwarz Pond Park. Grading will be done in house and SKB will provide funds for landscaping. She stated the City would be looking for volunteers to install the various plants. A plaque will be located in the area to provide information about rain gardens. 1 Director of Parks and Recreation Schultz spoke of other greening initiatives at Schwarz Pond and Erickson Parks. He stated an update will be provided again this fall when more legwork had been completed. Council Member Sterner suggested that butterfly watching areas and bird houses are included. Mr. Schultz stated there were many options available and noted that the Boy Scouts may have an interest installing bird houses and feeders. Council Member Shoe- Corrigan stated that with any water feature additional birds and butterflies would be attracted to the area. Mayor Droste noted that some of the greening options may be included near the outdoor recreational cotnplex. Ms. Lindquist stated that for public buildings, specifically the comparison chart for Fire Station No. 2, that projects are to hard to modify when the project was conducted without using the same standards. More information needs to be provided on projects as there would be upfront costs. She added that for City facilities a task force has been created to start implement greening standards. There was concern about the watering schedule at the parks due to the City's sprinkling regulations for odd and even days. Discussion ensued regarding the water schedule at the parks and it was determined that the parks are a different use and should be on a special schedule. Mayor Droste directed staff to send Dr. Thomas to thank the students at DCTC who worked on the greening projects with the City. Council Member Shoe Corrigan stated staff should work to meet LEED standards bit understood that the standards could not be met 100%. Mayor Droste suggested doing something different to the slopes located by the Community Center. Mr. Schultz stated staff will be working to enhance the area with different landscaping and trees. Council Member Sterner suggested the City include more notion lighting and screen savers in facilities. Council Member Baxter questioned if any funds were available if a citizen came forward to update their home to save energy. Ms. Lindquist responded that the CDA has programs for residents but noted that the funds were based upon income. Council Member Baxter requested that any time new programs are created that it be a part of the City newsletter and information be available at City Hall. Mayor Droste stated that the development of UMore Park will be a huge part in bringing greening initiatives to fruition in Rosemount. 2.C. Tree Preservation Ordinance, Case 07 -05 -TA Senior Planner Zweber summarized the staff report and provided background on the Planning Commission recommendations. He reviewed the comparison chart that was provided with the staff report showing the analysis of other cities' tree preservation ordinances. Discussion was held regarding the acceptance of a payment of a fee -in -lieu of tree replacement. Council Member Shoe Corrigan expressed concern about the changes in the ordinance compared to how the issues are currently handled. Mr. Zweber said that developers currently use letters of credit to ensure tree replacement. Community Development Director stated that developers want to be able to dispose of their liability. Council Member Baxter noted that in Apple Valley there was no fee in lieu of replacement and questioned as 1 1 part of PUD if the fee could be built in. Ms. Lindquist stated the City Council would ultimately decide. Council Member Shoe Corrigan was concerned that requirements for trees were not included. She wanted an example list of acceptable and desirable trees to be included. Ms. Lindquist stated the list could be written and included in conditions of a project. Council Member DeBettignies referred to Minnetonka's requirements. Mayor Droste spoke of concerns with the ash beetle disease. Mr. Zweber seated that condition l I stated that trees be replaced with similar species. He said that a list could be added that included acceptable species. Council Member Baxter questioned the tree replacement for more dense properties. Ms. Lindquist explained the difference for tree replacement noting the Ciry wanted to remain reasonable. Mr. Zweber indicated that most cities have a graduated scale for replacement. Council Member Baxter questioned allowing a multi family or industrial use allowed to take out more trees for replacement. He stated those types of users are in a situation to pay more. Ms. Lindquist stated that it could potentially become an economic development issue. She stated the PUD could be strengthened to include more about tree preservation. Mr. Zweber stated that the landscaping requirements still need to be met that are above and beyond the tree preservation ordinance. Council Member DeBettignies questioned if the ordnance was specific for new developments only. Mr. Zweber stated that Section F was added to the ordinance to cover the existing properties. Council Member Shoe- Corrigan shared her concerns with eliminating significant woodlands and doing clustering. She suggested that woodlands be included in the tree inventory. Discussion continued regarding the woodlands and the greenway corridor. Mayor Droste shared his concems about the buck thorn located at Carrols Woods. Mr. Schultz shared the process for removing the buck thorn that was located on the \Wiklund property. Council Member Sterner stated the tree replacement policy was not strong enough. Mr. Zweber responded that if an area was to develop some tree removal would (heed to occur to put in roads, etc. The logic was to identify the trees considered truly unique. Mr. Zweber stated the ordinance would be on the July 17 Citv Council agenda as a new business item as an educational piece to the public. 2.11 Parks Master Plan Update Goals Director of Parks and Recreation Schultz provided background on the parks master plan update and outlined the goals as listed in the staff report. Mayor Droste spoke of having a park area within walking distance of all homes. Mr. Schultz stated that issue would be identified in the plan and noted the current standard is Char homes are within 1/3 of a mile. Council Member Shoe Corrigan questioned if the plan will address 1 1 1 including park facilities for all age groups. Mr. Schultz responded that goals include having balanced park facilities. Discussion continued regarding recreational trends. Mayor Droste directed Council Members to contact Mr. Schultz with any questions. UPDATES 3.A. Code Enforcement Community Development Director Lindquist stated that a number of dumpsster enclosures were not in compliance in Downtown Rosemount. She stated she was inclined to pursue the issue but stated that staff could send a letter to the property owners that were not in compliance. Council Member Sterner stated he would like to visit the issue more and noted that all businesses should be concerned about safety. Council Member Shoe Corrigan stated her concerns about the kennel located behind Music magic Ms. Lindquist stated she was aware of the concerns with the properties located on Core Block East and added she was wincing for City Council approval before moving further on the enforcement issues. Mayor Droste suggested waiting For discussion to end on the Core Block East properties to avoid the City appearing to have an ulterior motive. Council Member Shoe- Corrigan stated that a police officer should take a look at the kennel to ensure it is clean. 3.B. Fire Station No. 2 Dedication Community Development Director questioned if the City Council approved the proposed verbiage on the plaque for Fire Station No. 2 dedication. Discussion was held regarding which previous Council Members should be included. It was determined that only members who were part of the building plans would be included. It was also the consensus that Planning Commissioner and Parks Commissioners would not be included on the plaque. 3.C. Purchase of the Hall Property Community Development Director stated that the Hall property is located next to the Zippel property that was previously acquired by the City. She spoke of the issues with the realtor involved in the purchase. Dan Wilson found the property to be less valuable than the Zippel property. Mss. Lindquist stated the sellers have requested an amount that is higher than the $229,000 that was originally offered. She stated the City could tell the Halls we are not interested or we could continue to negotiate if the City can get the money to purchase the property. Mayor Droste suggested) negotiating but other members preferred to stay at the $229,000 offer and not to negotiate a higher amount. Council member Sterner stated a reasonable deadline for a response should be included with the offer. 3.D. Park and Ride Location Community Development Director Lindquist stated the she and City Engineer Brotzler met with officials at the MVTA to talk about sending in a safetylu federal application for a capital improvement project. The capital improvement would allow for some express service for commuters. She stated the MVTA would like a Downtown location to connect the east with the west. The capital improvement application would be for bus and operation expenses for one year. Ms. Lindquist added other sires discussed included the St. Joe's campus, the Legion and the rural property located on North \Vest corner of Highway 3 and McAndrews. 1 1 Mayor Droste 'vas concerned about commuter's convenience if the site was at Highway 3 and McAndrews. Ms. Lindquist noted the quick access to the freeway from that location. Council member Shoe- Corrigan preferred using the Sr. doe's site in conjunction with the library that would be located there. She also spoke of the Port Authority owned property along the railroad tracks north of the car wash in the Downtown area. The consensus was to use the Legion parcel and the Port Authority property together to cover the parking issues. 3.E. Public Hearing at Port Authority on July 17 Community Development Director Lindquist suggested starting the Port Authority meeting at 5:00 p.m. on July 17 to allow enough time for comments before the City Council meeting. Council Member Baxter also suggested holding a special Port Authority meeting on July 16 at 6:00 p.m. to allow for additional comments continued from the June 19 meeting. Council Member DeBettignies provided a recap of the July 12 SaveRosemount.org meeting. Council Member Baxter noted that he has received phone calls related to the recent SaveRosemount.org newsletter and the manner the appointed Port Authority members were treated. Mayor Droste stated that "small town feel" has to do with the people living in Rosemount. He stated no building could do the damage like the letter did that included personal attacks on appointed Port Authority members. ADJOURNMENT There being no further information to come before the City Council and upon motion by Mayor Droste and a second by Council Member Baxter, the meeting was adjourned at 9:44p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 19, 2007, at 7:31 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 included City Administrator Verbrugge, Assistant City Administrator Foster, Chief of Police Kalstabakken, Director of Parks and Recreation Schultz, Community Development Director Lindquist, City Engineer Brotzler, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated there was additional information for Item 6.i. Authorize Submittal of SWhIP to VRWJPO. Motion by Droste. Second by Baxter. Motion to adopt the Agenda with the additional item to 6.i. Ayes: 4. Nays: 0. Motion carried. Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent: Shoe- Corrigan. Motion carried. 6. CONSENT AGENDA Council Member Sterner pulled items 6.a. Minutes of the May 23, 2007 City Council Special Work Session Proceedings and 6.e. Expenditure Approval from the Donation Account Parks Recreation Dept. Mayor Droste pulled item 6.i. Authorize Submittal of S \t'MIP to VRWJPO. Motion by DeBettignies. Second by Baxter. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 2007 Motion to approve the Consent Agenda items as presented with the pulling of 6 a., e., and i. a. Minutes of the May 23, 2007 City Council Special Warh Scaaion Proceedinga b. Minutes of the June 5, 2007 City Council Proceedings c. Bills Listing d. Temporary 3.2% Malt Liquor License c. Exp c.dimrc .1p val from the D nati n Account Pa.ha Recrcati n Dept. f. Halloween Event Service Agreement g. Traffic Safety Grant Resolution (Resolution 2007 -50) h. Change Orders #3 #4 Glendalough 7t" Addition, City Project #401 i. Authorize £ubt.ets.1 of SWMP to VRWJPO j. Acquisition of Easements CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 k. Celadon Properties (EFH Company) Lot Combination, Planned Unit Development (PUD) Master Development Plan with Rezoning and PUD Final Site and Building (Resolution 2007 -51) (Ordinance B -186) 1. JJT Business Park Second Addition Preliminary Plats (Resolution 2007 -52) ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 2007 6.a. Minutes of the May 23, 2007 City Council Special Work Session Proceedings Council Member Sterner requested an amendment to the minutes under Additional Updates. The fourth paragraph where water issues were referenced should be related to the Bloomfield area instead of Evermoor. Staff noted the amendment to the minutes. Motion by Sterner. Second by Baxter. Motion to approve item 6.a. Ayes: Droste, Sterner, Baxter, DeBettignies Nays: None. Absent: Shoe- Corrigan. Motion carried. 6.e. Expenditure Approval from the Donation Account Parks Recreation Dept Council Member Sterner pulled the item to recognize the donation from Dakota Electric for the Arbor Day event. Motion by Sterner. Second by Baxter. Motion to approve the donation expenditure of $1,289.93 for the Arbor Day event and $763.53 for Safety Camp as detailed on the attached donation revenue worksheets. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. 6.i. Authorize Submittal of SWMP to VRWJPO Mayor Droste requested that City Engineer Brotzler briefly explain the purpose of submitting the Surface Water Management Plan to the Vermillion River Watershed "VRW board. He also requested detail on how the City is landlocked. Mr. Brotzler stated that the City is a member of the VRW. By state statute, cities within the seven county metro areas are obligated to be a part of a watershed group. The purpose is to address the challenges in dealing with stormwater that crosses jurisdictional borders. In 2002, Rosemount became a member of the newly formed watershed with Dakota and Scott counties who were developing their own stormwater management plan for the watershed. Mr. Brotzler further stated that by state statute all members of the TRW have a two year limit to update the stormwater plan. By November, the City is required to submit its plan for approval to the VRW. Rosemount utilizes a significant number of stormwater ponds to manage stormwater within the City and to protect from flooding. He stated the long range plan is to provide an overflow to the Mississippi River and to ensure flood capacity within the stomt water plan. Mr. Brotzler added that the plan was not in final form nor is it available on the City's website. He did note that copies of the plan were available at City Hall by contacting the Public Works Department. City Administrator Verbrugge stated that additional information was provided tonight regarding the VRW's request to grant an extension beyond the 60 days to allow their staff time to present the plan to the board. He stated the timeline was extended to August 23, 2007. Mayor Droste stated that with the heavy rains in Dakota County that caused flooding a few years back this plan will incorporate corrective action. He added the importance of multiple cities working together on flooding issues. 1 1 1 Council Member DeBettignies questioned when the plan would be before City Council for approval. Mr. Brotzler replied either later this year or the beginning of next year as part of the comprehensive plan update process. He indicated that the public review process would start at the Planning Corrunission level with a public hearing. Motion by Droste. Second by DeBettignies. Motion by Droste to Authorize the Submittal of the Final Draft Surface Water Management Plan to the Vermillion River Watershed Joint Powers Organization with the additional request of the 60 day extension. Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent: Shoe Corrigan. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 2007 PUBLIC HEARINGS 7.a. Celadon Properties Easement Vacation Community Development Director Lindquist stared this request was related to the other Celadon project approved on the Consent Agenda. Initially the lots were separate but the property owner intends to combine the lots. In order to do so, the easement that goes down the middle of the property lines needs to be vacated. Ms. Lindquist stated that the remaining easements will allow the City to provide public and private utilities. Staff reconunended approval of the easement vacation. Mayor Droste opened the public hearing. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 4 Nays: 0. Absent: Shoe Corrigan. Motion carried. Motion by DeBettignies. Second by Sterner. Motion to adopt a Resolution Approving Vacation of the Drainage and Utility Easements of Lot 1, Block 1, South Rose Park 3'" Addition, Except the North 140 feet thereof, and Lot 3, Block 1, South Rose Park 3' Addition, Dakota County, Minnesota. Ayes: Droste, Stemer, Baxter, DeBettignies Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 53) 7.b. JJT Business Park First Addition Easement Vacation, Case 06 -50 -FP Community Development Director Lindquist stated that to allow for the Final Plat of JJT Business Park Second Addition, the City initiated a vacation of the drainage and utility easement over Outlot A of the first addition. The applicant has withdrawn the associated final plat application but will cone back at a future time. Ms. Lindquist recommended the public hearing be held, closed and that action be taken when the final plat is approved. 1 1 1 Council Member DeBettignies confirmed the only reason for the continuation was to wait for final plat approval. Ms. Lindquist stated that the final plat would be a separate action item from the easement vacation. Mayor Droste opened the Public Hearing. Motion by Droste. Second by Baxter. Motion to close the Public Hearing. Ayes: 4 Nays: 0. Absent: Shoe Corrigan. Motion carried. Motion by DeBettignies. Second by Sterner. Motion to continue the vacation of the drainage and utility easement over all of Outlot A, JJT Business Park First Addition until the approval of the JJT Business Park Second Addition until the plat is submitted. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 19, 2007 ANNOUNCEMENTS City Administrator Verbrugge stated due to the cancellation of the first regular meeting in July that if issues were to arise that required action before the July 17 meeting a special meeting may be needed. He indicated that three Council Members would need to present and a 72 hour notice must be posted Chairperson Baxter stated that the Port Authority held a Public Hearing on the intent for the City to acquire the property located at 14630 South Robert Trail. He indicated that testimony was received and the public hearing was continued to July 16 at 6:00 p.m. in the Council Chambers. He stated additional testimony would be taken and those who provided testimony at the meeting tonight would be allowed to speak again on July 16. Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on July 17, 2007. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 7:56 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 CALL TO ORDER Pursuant to clue call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, duly 11, 2007, at 6:41p.m. in the Conference Room at City- Hall, 2875 145 Street \Vest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Also present %sere Planning Cotnmissioners Messner, Palda, Schwartz and Schultz. Staff members present included City Administrator Verbrugge, Assistant City Administrator Foster, Director of Parks and Recreation Schultz, Community Development Director Lindquist, City Engineer Brotzler, Senior Planner Zweber, and Recording Secretary Hanson. Staff members Finance Director May and Police Chief Kalstabakken arrived at a later tune. DISCUSSION A. UMore Comprehensive Plan Process Greg Cuomo, Director of Operations at UMore Park, presented a letter from Charles C. Muscoplat, VP for Statewide Strategic Resource Development, of the University of Minnesota expressing his enthusiasm and commitment to working with the City on the comprehensive plan process. John Shardlow, of Bonestroo, presented a slide show presentation consisting of the following topics: UMore Today outlining existing features of the UMore site. Current UMore Activity. Vision for the Future. Vision and Goals for the Future. Comprehensive Plan Process: Seeking met council approval for urbanization of the property. Plan will be general. Mixture of uses. Need for flexibility in zones. Seek to conduct an ALTAR. Comprehensive Plan Elements: water supply, transportation, land use, housing, parks, economic development. Regional Development Framework. Met Council requirements for "developing" communities: Plan for Community \Vide Transit Systems Lifecycle and affordable housing Natural resource systems Met Council Review Criteria. Planning process. Public Involvement: Advisory Panel consisting of the City of Rosemount, with Empire Township, Dakota County and Met Council and other interested parties as approved by City of Rosemount and Empire Township. Basic Phases of Comprehensive Plan Process. Showed colored planning timeline diagram. Meet with City and Township staff before Advisory Panel meetings. Meet with City Council at different steps along the way. Recognize need for communication. Identified eight major points of 1 1 communication with the Council within the planning process. Targeting August 9 or 16 to meet with Advisory Panel members. UMore \t'ebsite. Information is on the website. Mr. Shardlow requested to have email addresses of everyone involved for easier communication. Council member Shoe- Corrigan asked for an estimated period of time with respect to the Comprehensive Plan timeline. Mr. Shardlow replied they will try to meet the Met Council deadline at the end of 2008. Mayor Droste asked if the ALTAR would then come next. Mr. Shardlow stated that what gets developed and by whom determines how the AUAR is acconnnodated. The plan is to make an arrangement with a developing entity that would be in charge of managing the development of the area. Council member Sterner asked if anything is definite in the plan, specifically for agriculture research. hlr. Cuomo replied that it is difficult to have definite plans in a 25 -35 year plan but there will be a lot of land available for agriculture research. Council member DeBettignies questioned how the timeline diagram worked exactly. Mr. Shardlow pointed out the math focus of the timeline is the meetings with the Council. The key thing to emphasize is the City Council is the stopping point. Mayor Droste asked who would be the main communicator during the planning. Mr. Shardlow stated communication will need to he discussed at future meetings. The University is proposing an amendment to the Rosemount comprehensive plan amendment which includes several different entities in the process. The University will retain ownership of the property until it's ready to develop. Council member Shoe- Corrigan asked if the tax money generated will come back onto the Cite tax rolls as the land develops. Mr. Shardlow confirmed that is accurate except that some of the land may stay as University land. It was confirmed that meetings of the advisory panel will take place in the Council Chambers. City Administrator Verbrugge asked for an update on the developer selection. Mr. Cuomo stated that request for proposals are due in Friday, July 13, 2007. Proposal reviews and interviews are expected to be completed by the Regents meeting in September. The University and Bonestroo are working on this aspect. B. Preliminary 2008 Budget The Council briefly reviewed the preliminary budget detail for 2008 and acknowledged the departmental memoranda submitted by directors in support of the budget materials. The preliminary budget includes projected increases fn personal service costs (salaries and benefits); capital items that have been previously included in the CIP as well as newly added items based on Council direction or emerging need; other departmental requests based on existing services and operations, including non recurring annual maintenance; and adjustments to revenues based on current conditions and future projections. City Administrator Verbrugge presented a memo outlining these items for discussion stating the pnrnary objective is to get an agreement on the process and timeline. The budget hearing 1 1 will be held on December 3' and the Council meeting to adopt the final budget will be held on December 4` It was stated that the preliminary levy is the absolute maximum the City may collect. Mayor Droste stated that residents set opinions on what they see number -wise so it's important to come up with the lowest possible number. Mayor Droste went through the meeting schedules and determined the need for a special meeting before a levy is set up. Mr. Verbrugge suggested a special meeting on August 22, 2007, for a special worksession. It was also determined that departments should discuss their separate items before the levy is set. Park and Recreation and Conmiumty Development will present their items on August 22n and the other departments on August 15 bir. Verbrugge reviewed the major issues of the preliminary budget: No growth in non -levy (internal) revenues. Reduction hi permit revenues and plan check fees. Non- recurring annual maintenance. Major repairs and modifications on buildings, parks, ice arena. A discussion took place on the ice arena budget regarding maintenance requirements and the cost associated with the repairs. Council member Shoe Corrigan asked if the ice fees could be raised to help cover expenses. Mr. Verbrugge stated that debt has never been booked against the ice arena. Salary and benefits. Mr. Verbrugge stared the insurance experience raring is higher this year. An RFP for providers will go by 7/31/07. Street CIP. Intersections at 42 and 46. The question came up whether or not to hold off on the "quiet zones" around the railroad tracks until 2009. Building CIP. This item includes anticipated finishing costs for the Library project which could change by the time the project is complete January, 2009. The County will reimburse the City for half of the cost of demolition. Discussion took place regarding some design items on the library. Mr. Verbrugge also reviewed the following requests: new staff personnel; new equipment and services; and Council goals. Mr. Verbrugge stated the need to review available alternate revenue sources. One possible option could be relating to street lights and street light repair which is a significant current cost to the cite. The city has the ability to assign the costs to an electric utility'. The costs would dun be split among households. Mayor Droste asked if that would pertain to street lights on private streets. Mr. Verbrugge stated that question would have to be researched. Council member DeBettignies asked what the current minimum wage was and how it affected the wage of the election judges. It was determined that the election judges wages should be increased to minimum wage. 1 1 Mr. Verhrugge stated the packet will not be re -run for the August meeting; he will re -run some numbers and distribute an addendum. By October, staff should have a good idea of what the year -end figures look lie. Finance Director May pointed out that the purchases of the homes on Cameo Avenue are not included in the budget. C. Entry Monuments The City Council has indicated that existing entrance monuments should be replaced. Community Development Director Lindquist provided the Council with a map illustrating areas where signage currently exists. Ms. Lindquist stated that there are no easements to allow sign installation so property owners will need to be approached. A discussion took place on where signs should be located. It was determined there should be one on County Road 42 on the west side of town; one on Highway 3 and 160 one on 120 on the north City• line. Mayor Droste said to wait on the sign on the eastern border of Rosemount until the roads there are reconstructed. Council member Baxter indicated he would like to see a sign at that location even if it was a temporary sign. City Administrator Verbrugge suggested the St. Joseph's Task Force should consider the "Blue House" property for a possible entry sign. Council member Shoe Corrigan asked how much the easements would cost and Ms. Lindquist replied that the amounts are unknown at this tine. UPDATES A. Outdoor Recreation Complex Parks and Recreation Director Schultz presented four concept plans for the Outdoor Recreation Complex. The plans have not yet been presented to the public. He stated the Parks Commission favors Plan No. 3 because it maximizes the amount of facilities and has a wide variety• of options including 4 multi- purpose fields, 10 tennis courts, 5 multi- purpose ballfields, play areas, and concession areas. Mr. Schultz reviewed each separate plan and described the differences and similarities. Mayor Droste questioned the demand for tennis courts. Mr. Schultz stated that the high school is the only other option for larger tennis events. Council member Shoe Corrigan confirmed the need for more tennis court facilities. However, she suggested that the courts be staggered and not necessarily grouped all in the same location in the park. Mayor Droste suggested the installation of a wind generator or some other educational environmental components such as the re -use of water from stormwater ponds for field irrigation. City Administrator Verbrugge stated the City has discussed partnering with Flint Hills to incorporate outdoor educational features in the plan. Mr. Schultz stated the architectural consultant is certain he can arrive at a cost estimate quickly after a concept is chosen. Further discussion followed on specific amenities including safety netting around the ballfields the size of soccer fields, stormwater issues, and the placement of the tennis courts. Council member Shoe Corrigan suggested installation of adult exercise equipment along the trails It was also suggested to incorporate more playground areas. Mr. Schultz asked the Council for approval to present the concepts to outside user groups. Specific details such as restrooms, concession areas and shelters will be worked out at a later date. The Council gave its approval to htr. Schultz for outside submittal. 1 1 B. FTTH Rudder City Administrator Verbrugge stated there is nothing new to report since the email message he sent two weeks ago. He stated he received an email message from Horner Tompkins today about Rudder requesting to close the following day. Mr. Verbrugge informed Mr. Tompkins that Rudder could not close on the purchase agreement. The current issue is that Rudder is trying to move forward but hasn't been in contact with the City for the past 6 months and they have a process to go through with the City and with the State before they can close. The City noticed them in May that they were in violation of the franchise. Rudder stated they would be expediting an application for a franchise transfer and have not done so. Therefore, they have been operating as the manager of the system without approval of the City. Mr. Verbrugge stated that the available options, if the City doesn't see action from Rudder soon, are to continue reducing the Letter of Credit or give notice for revocation of franchise. Council member Sterner asked if the CM could still purchase the franchise. Mr. Verbrugge replied that the City indicated to Rudder last year that we were foregoing our first right of refusal. ADDED UPDATES: Mississippi River Regional Trail Parks and Recreation Director Schultz stated the City was contacted by Dakota County notifying staff that they are applying for Federal Transportation Enhancement Funds to construct the tinal three segments of the Mississippi River Regional Trail from 1 Street in Inver Grove Heights down through Spring Lake Park and then connecting to some trails in Nininger Township and Hastings. There will not be any financial obligation on the City's behalf. blr. Schultz asked the Council to consider supporting the project by having a letter of support sent to the County on behalf of the City. Minnova Land Purchase Parks and Recreation Director Schultz stated he has discussed a new option of a lower price per acre on the Minnova land purchase. He asked the Council if the City should continue negotiations on this piece. Mayor Droste asked why the City should purchase this property when there is the athletic complex, the UMore complex, and DC T C land already available. Council member Sterner stated one advantage to the site would be to add to the other parcels for extra parking, etc. Mr. Schultz stated the shape of the parcel is a downfall. He needs to get back to the Minnova representative. Further discussion took place on the timeline of purchase ability and market price of the land. The road to the complex will not be constructed unless the assessment is paid. Council member Baxter stated he would like the City to own the land, but he considers $105,000 an acre highly over priced. UMore Advisory Panel Community Development Director Lindquist suggested appointing one representative from each standing committee rather than having all commissioners serve on the advisor; panel. Staff has asked Jason Messner of the Planning Commission and Shawn brullher n from the Utilities Commission to serve on the panel. Parks and Recreation Director Schultz stated he has asked two different Parks Commissioners to serve and he has yet to hear their responses. Nis. Lindquist stated the appoinunent should be made at the Council meeting on July 17t It was decided that Council member Shoe- Corrigan would serve as a Council member and Mayor Droste would serve as a Port Authority member. 1 1 1 Library Update City Administrator Verbrugge announced that Durant, the architectural firm working on the Library, has closed its Minneapolis office. The nearest office is in Madison, Wisconsin. The County is trying to determine if this will affect the Library construction. They will need an architectural rep on the site so this may delay construction. UMore Update UMore will be harvesting 170 acres of trees in agreement with an energy group in St. Paul to provide some bio mass. They will be evaluating any contamination from the Gopher Ordnance Works. There will be no stump removal to disturb the dirt. Mr. Verbrugge stated he provided UMore with a copy of the draft tree preservation ordinance. Miscellaneous Updates The National League of Cities Conference is in New Orleans November 13t 17t It was decided Mayor Droste and Council number Shoe Corrigan will attend. Council member Sterner asked how staff compares the City with other cities and if there's any consistency to the method we use. It was discussed that it is hard to be consistent with what city the comparison is made depending on the specific issue being compared. Council member Sterner asked if the electrical wire along Biscayne Way could be buried without the homeowners paying for the expense. City Administrator Verbrugge stated he would have to check with City Engineer Brotzler on that matter. Mayor Droste mentioned that this may be a power company issue and not a City issue. Mayor Droste announced Walmart won't build in the City before 2010. Mayor Droste mentioned that 2008 marks the City's 150 anniversary. There are possible state monies and grants available to Cities to celebrate anniversaries. It was determined that celebration duties are the responsibility of the Assistant City Administrator. In light of the upcoming Leprechaun Days parade, it was mentioned that this year, Council member Sterner is in charge of parade arrangements for the City Council and he should arrange for two cars for the parade. ADJOURNMENT There being no further information to come before the City Council and upon motion by Mayor Droste, the meeting was adjourned at 10:12p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary 1 1 1 ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL SPECIAL MEETING JULY 11, 2007 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a City Council Special Meeting was duly held on Wednesday, July 11, 2007, at 6:31p.m. it 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. Also present were Planning Commissioners Messner, Schultz, Palda, and Schwartz. Staff members present were City Adtiistrator Verbrugge, Community Development Director Lindquist, Parks and Recreation Du Schultz, Assistant City Administrator Foster, Senior Planner Zweber, and Recording Secretary Hanson. The Pledge of Allegiance was said. CONSENT AGENDA a. Livable Communities Demonstration Account Application A pre- application for a Livable Communities Demonstration Grant has been submitted to the Metropolitan Council. Comments from the pre application have been received and it appears that, at this level of scrutiny, the request for funding meets eligibility requirements. Funding is being requested for items associated with the implementation of the Stonebridge Core Block East project. Due to Grant eligibility and criteria, only specific aspects of the project have been included in the application. The final application is due on July 16, 2007 and as part of the application a resolution of support must be included. Council member Sterner asked whether or not the 6 -30 -08 date in the timeline provided in the application should be 9- 30 -08. Community Development Director Lindquist stated that yes, it should be changed. Mayor Droste mentioned Kelly Park in Apple Valley and inquired as to available funding for parks. Ms. Lindquist replied that parks are no longer eligible for Livable Communities funds. The previous application for Central Park funding is no longer eligible. Council member DeBettignies asked if this grant could include the Genz Ryan property. Ms. Lindquist replied that a pre application has already been submitted. Funding for the Genz Ryan site may be applied for next year. Mayor Droste voiced his concerns about tying this application to an individual developer and whether or not in the event the project does not get completed, is the funding lost. It was asked if the City would be able to receive an extension if the project does not go through. Ms. Lindquist replied that it is difficult to complete the application without a specific plan to describe. The project may become different at a later date and the details of the application at that time may be different. Motion by DeBettignies. Second by Baxter. 1 1 1 Motion to approve Consent Agenda item a. with noted changes to timeline dates in Item B. of the application. Ayes: 5. Sterner, Baxter, Shoe Corrigan, DeBettignies, Droste Nays: 0. Motion carried. (Resolution No. 2007 -54) ADJOURNMENT Mayor Droste moved to adjourn the meeting at 6:4lp.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. Respectfully submitted, Kathie Hanson, Recording Secretary 1 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 17, 2007, at 7:30 p.m. in the Council Chambers at City Hall, 2875 1 -15` 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, Director of Parks and Recreation Schultz, Chief of Police halstabakken, City Engineer Brotzler, Community Development Director Lindquist, City Attorney LeFevere, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Ciry Administrator Verbrugge stated the additions to the Agenda included information for items 6.w., 6.x., 8.a. and 8.b. Mr. Verbrugge stated that item 8.d. would be pulled and discussed a future meeting. Motion by Droste. Second by Baxter. Motion to adopt the Agenda with addition information for 6.w., 6.x, 8.a. and 8.b. with item 8.d. pulled. Ayes: 5. Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS Director of Parks and Recreation Schultz stated the 2007 Leprechaun Days celebration would be held from July 20 through duly 29. He stated that many fun and exciting activities were planned for the event. Mr. Schultz also stated that a great group of dedicated volunteers plans Leprechaun Days which is headed up by Chairperson Maureen Geraghty Bouchard. Maureen Geraghty Bouchard provided updates and highlights on the celebration. She stated that the volunteers have been fantastic to work with and everyone was having fun working together. Ms. Geraghty Bouchard thanked the City for their support. Council Member Sterner questioned if additional volunteers were needed for the event. Ms. Geraghty Bouchard responded that more volunteers were needed for the Friday and Saturday evening events to help clean up the park. Mayor Droste stated he greatly appreciated all the work the volunteers do in coordinating the celebration. The 10 day event does not happen without months and months of work. He added the City is tremendously fortunate to have citizens put forth so much time and effort. Ms. Geraghty Bouchard ended by stating that Kenny Hendrickson would be the parade marshal. She stated that Mr. Hendrickson was the soldier who sent letters to the Rosemount Town Pages while stationed in Iraq and was later injured. 1 1 1 CONSENT AGENDA Motion by Baxter. Second by Sterner. Motion to approve the Consent Agenda. a. Minutes of the June 13, 2007 City Council Work Session Proceedings b. Minutes of the June 19, 2007 City Council Proceedings c. Bills Listing, Packet 1 d. Bills Listing, Packet 2 e. Budget Amendments (Resolution 2007 -55) f. Approval of Final Payment on Fire Station No. 2 Contractor g. Temporary On -Sale Liquor License for the Rosemount American Legion h. Temporary On -Sale Liquor Licenses for the Rosemount VFW i. Resolution and Consent Order for Rosemount Liquor (Resolution 2007 -56) j. Declaration of Surplus Equipment k. Authorization for Temporary Street Closings 1. Appointment to St. Joseph's Church Facilities Task Force m. Receive Donation Parks and Recreation Dept. n. Expenditure Approval from the Donation Account Parks and Recreation Dept. o. Receive Plans Spec's /Authorize Ad for Bid -CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 (Resolution 2007 -57) P. Acquisition of Easement —CSAH 42 /Shannon Pkwy Intersection Improvements, City Project #412 q. Receive Bids /Award Contract Connemara Trail/Azalea Avenue Reconstruction, City Project 415 (Resolution 2007 -58) r. Change Order #3 -01d Cry Rd 38/132"' Ct. W. Street Utility Improvements, City Project #387 s. Request Speed Study Old Cry Rd 38/132 Ct W Street Utility Improvements, City Project #387 (Resolution 2007 -59) t. Change Order #1 Flint Hills Resources Sanitary Sewer and Watermain Extension, City Project #406 u. Ryan Companies Preliminary Plat v. Abrahamsen Lot Split (Resolution 2007 60) w. Rosewood Village 2 Addition (Ryan Real Estate) Minor PUD Amendment (Resolution 2007 -61) x. UMore _Advisory Panel Appoinmnents y. Award Abatement Bid (Resolution 2007 -62) Council Member DeBettignies stated an amendment to the motion to include the additional information added for items 6.w. and 6.x. Council Member Baxter accepted the amendment. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 1 1 1 PUBLIC HEARINGS 7.a. Rosemount Saw Tool Sewer Easement Vacation Community Development Director Lindquist stated that in June, 2007 the Port Authority approved the purchase of the Rosemount Saw and Tool property at 14650 Robert Trail South. Upon conducting the title search, it was discovered that there was a sanitary sewer easement over the entire property for a sanitary sewer line and manhole located in the back half of the property. With the purchase of the property being untended for redevelopment of Core Block East, the need for this sewer connection was no longer needed and can be eliminated. Ms. Lindquist stated the City should vacate the sanitary sewer on the property to allow for redevelopment free from this encumbrance. Mayor Droste opened the Public Hearing. Motion by Droste. Second by Baxter. Motion to close the Public Hearing. Ayes: 5. Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt a Resolution approving the Vacation of the Sanitary Sewer Easement at 14650 Robert Trail South. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. (Resolution 2007 63) NEW BUSINESS 9.a. Tree Preservation Ordinance Community Development Director Lindquist summarized the staff report which addressed the concerns from the June 13 work session about implementation of the ordinance and the adjustments made regarding that discussion. She noted that some of the bigger changes of the ordinance was the focus on the more significant trees and the stringent replacement requirements. Ms. Lindquist added that the ordinance will apply to new and existing developments. Council Member Shoe Corrigan noticed that the Panning Commission recommendation was to request a two year tree replacement. She questioned if that requirement was included in the ordinance. Ms. Lindquist responded that a one year replacement schedule is typical for the letter of credit. She added that most vegetation purchased only has a one year guarantee, although the Cm holds the letter of credit for longer than one year to ensure replaced landscaping is maintained. Council Member Baxter stated the Planning Commission and City Council spent a lot of time reviewing the proposed ordinance. He spoke of balancing tree preservation and addition of trees. The City did not want to have a chilling effect on development. He spoke 1 1 1 of the buyout provisions which originally troubled him but now thought the ordinance offered a fair comprotnise to the flexibility needed in a growing city. Council Member Sterner questioned what provisions were in place for soft wood replacement. Ms. Lindquist stated that typically you would not want to replace with soft wood. While at some locations die soft wood makes more sense, the goal would be to replace with a hard wood that would be long lasting. She noted that the ordinance allows some exceptions depending upon the location of the replacement and they type of soils in the area. She also talked about the diseases often associated with Dutch elm, cottonwood and ash trees. Council Member Shoe Corrigan reiterated the amount of time spent on the ordinance and stated she served on the Planning Commission when the ordinance was first adopted. She stated it was a very progressive movement for City staff, City' Council and the Community. She found the ordinance to be fair and effective. Motion by Shoe Corrigan. Second by DeBettignies. Motion to approve an Ordinance amending the City of Rosemount Zoning Ordinance B relating to Landscape Requirement and Tree Preservation. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan Nays: None. Motion carried. (Ordinance B 189) Motion by DeBettignies. Second by DeBettignies. Motion to adopt a Resolution authorizing publication of Ordinance No. B -190 amending Ordinance B, the Zoning Ordinance relating to Landscape Requirement and Tree Preservation. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Resolution 2007 64) During the roll, Council Member Sterner stated "pass" as his decision. b. 42/52 Official Map Community Development Director Lindquist stated the current intersection of County Road 42 and US Highway 52 was scheduled to be reconstructed as an interchange to address future growth in the area. Official mapping of the property needed for the future road project will allow the County to purchase property prior to development occurring. The tool is a mechanism to reduce the future cost of right -of -way acquisition. However, if the funding is not available to purchase the properties when development will occur, and permits are applied for, the pennit must be issued pending full compliance with the ordinances and building code standards. She stated the County has federal funds that can also be allocated to the right -of -way acquisition which would be done on a willing seller basis. There is no invention to use eminent domain as part of the early acquisition for the project. 1 Mayor Droste questioned how the landowners were informed of the process. Ms. Lindquist replied that direct conununicarion has taken place with residents who own property in the designated right -of -way. Every property owner did received notice of the public hearing. She added that the County has taken the lead and met with all property owners to discuss the process. Council Member DeBettignies questioned if the action was more on the ideals of looking at the landowners in the conununity and if approving an ordinance puts a time clock on state and federal government purchases. Ms. Lindquist stated that a six month time frame applies when a property owner apphes for a development or building permit. There is only a tirneframe if a property owner wants to develop and it forces the County or State to make a decision. She stated there is no force or eminent domain but the plan is to be more proactive and purchase under funding tools available at this tune. Ms. Lindquist added that the County will take the lead but the City has the official mapping power. It would not be the City's intention to be funding the process but at some point the City will pay its share for the interchange. Council Member Shoe Corrigan confirmed that the maps were included in concept only and that the City would work with the County and State on actual design as the process moves forward. Ms. Lindquist stated that the maps would be refined as compared to the SEH layout which is reflected in the official map. Property owners would be apprised of the process. The official map does not reflect frontage toads. Council Member Shoe Corrigan encouraged Cite staff and the County to communicate with the local landowners because of the complexity of the process and the amount of land it affects. City Engineer Brotzler stated that MnDOT staff approved the layout which was the basis for the official map. Several property owners are at a point where they would like to make a decision about their property. He stated the process should help facilitate those decisions. The next step would be to continue the design closer to the final design noting the potential updates to the official map to address any refinements made during the final design process. Council Member DeBettignies thanked Mr. Brotzler for the clarification. Discussion ensued regarding the public open house held earlier this year where residents could view the concept drawings. Mr. Brotzler stated the drawings were of the preliminary layout approved by MaDOT but did not include the development of frontage roads. He added that a number of things can change between now and the time the project is built. Mayor Droste stated the project has been talked about many years and the bottom line comes down to funding. He added it also involved the realignment of Highway 55 and County Road 42. Nlayor Droste spoke of funding for the project. City Administrator Verbrugge added that in the capital bonding bill for 2008 Dakota County request $25,000,000 for improvements at the 42/52 interchange. He stated the amount of funding would be determined by the bonding committee and the governor. Marlin Rechtzigel, 14727 Clayton Avenue East, Rosemount, stated he owned two halves of the proposed interchange since 1949. He stated his frustrations with being a tax payer and the amount of restrictions that have been placed on his property. He found it to be fair to 1 1 1 the landowners to cut taxes in half. Mr. Rechtzigel questioned the need for restrictions if the project won't happen for years. Council Member DeBettignies stated that there were no restrictions and that a building permit would enact the County or State to either buy the property or issue the permit. He thought this process was here to help and protect the land owners. Council Member DeBettignies appreciated that Mr. Rechtzigel has been a resident since 1949. Mayor Droste added that the City does not set the market value. Council Member Shoe Corrigan sympathized with the land owners for having to put their lives on hold. She stated the ordinance would be put in place to set a timeframe and to be fair to citizens. Motion by DeBettignies. Second by Shoe- Corrigan. Motion to approve an Ordinance adopting the City of Rosemount TH 52 /CSAH 42 Official Map of Proposed Right -of -Way. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. (Ordinance B 190) Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve a Resolution authorizing publication of Ordinance No. B 189 adopting the City of Rosemount TH 52 /CSAH 42 Official Map of Proposed Right of -Way. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. (Resolution 2007 65) 9.c. ISD #917 Conditional Use Permit Community Development Director Lindquist stated that ISD #917 requested a conditional use permit to construct a 40,000 square foot school designed for approximately 100 students and offices for about 20 teachers with special skills such as Braille and sign language. The proposed location is on Biscayne Avenue between Beech Street and the railroad tracks. Ms. Lindquist provided a summary of the site plan and the terms for the conditional use permit. Council Member Sterner inquired if the plan was reviewed by the Parks Commission for incorporation of trials and parks. Mr. Schultz stated the Commission reviewed the plans and the only recommendation was to have a trail along the east side of Biscayne Avenue to line up with the existing trail. Council Member Sterner shared concerns about the ball field and the fence located along left field. He questioned if a catch net should be placed along that fence. John Christensen, the Superintendent of District #917 stated the plan is to add space to go behind the fence if a ball is hit out of the park. He added that there would be no competition involved on the ball field and that all students would be outside with adult supervision. 1 Council Member Shoe Corrigan questioned the age group of the students and the needs that were served. Mr. Christensen stated that students range from elementary to high school ages with elementary being the smallest group and the high school age being the larger group. The school serves a variety of handicaps including those of autism and emotional behavioral disabilities. Mr. Christensen added that there was low staff to student ratios and a full -time police officer on site. Council Member Shoe Corrigan questioned the type of autism. Mr. Christensen replied that there are handicaps beyond the autism but most students with autism are difficult for a member district to handle and they typically have more than one disability. Mr. Christensen stated that students who have an inability to cooperate with others or issues with control or supervision are removed from the school. The school is a level four federal setting and all students are placed by their resident school district. He added there was no open enrollment or parent enrollment allowed. Motion by Sterner. Second by DeBettignies. Motion to adopt a Resolution approving the Conditional Use Permit for the Independent School District 917 to construct a new school. City Administrator Verbrugge stated the motion should be amendment to "Intermediate" School District 917. Council Member Sterner accepted the amendment. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2007 66) Council Member Sterner announced that he would like to change his vote on item 9.a. to an aye vote. City Attorney LeFevere stated the change could be added to the minutes ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on August 6, 2007. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 8:44 p.m. Second by Sterner. Respectfully submitted, Any Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 6, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Monday, August 6, 2007, at 7:38 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 Admnustrator Foster, Director of Parks and Recreation Schultz, Chief of Police Kalstabakken, City Engineer Brotzler, Project Engineer Dawley, Senior Planner Zweher, City Attorney Thomson, Communications Coordinator Cox and City Clerk Domeier. Mayor Droste announced that the City Council would observe a moment of silence for the victims and families affected by the August 1, 2007 Interstate 35 bridge collapse in Minneapolis. He stated that Peter Hausmann, a Rosemount resident, was among the missing. Following the moment of silence, the Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated that New Business Item 9.a. Rosemount High School Security Fence Conditional Use Permit would be pulled and discussed at the August 21 meeting. He also pulled Item 6.i. Receive Bids /Award Contract -2007 Utility Maintenance Improvements from the Consent Agenda to discuss separately with an action for the City Council to consider. Mr. Verbrugge also stated that a Leprechaun Days report would be provided. Motion by Droste. Second by Stemer. Motion to adopt the Agenda. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT Maureen Geragln Bouchard with the Leprechaun Days Committee stated this year the group outdid themselves. The weather played a huge part in the success of the celebration. She thanked the City, the Parks and Recreation Department, Police Department, Public Works Department, sponsors and vendors. Approximately 8.000- 10,000 people attended die event which caused many vendors to run out of food. She thanked the many volunteers who worked late to clean up the park and noted the committee filled a 20 yard dumpster with recycling. Ms. Geraghty Bouchard welcomed residents to join the committee for 2008 celebration adding it would be the 30''' year of the celebration. Mayor Droste thanked the Leprechaun Days Committee for their hard work and noted it was very humbling the irrunense hours put in by volunteers. Jeff Fye, Dahn Construction, was present for item 6.i. He stated that Dahn Construction took a run at the job and ended up with the second bid. He stated that the Jay Bros. bid would not be a responsible bid for the City to accept. He stated the bid provided by Dahn Construction was justifiable and that the company is in good standing with the union. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 6, 2007 Joe Ryan, Vice President of The International Union of Operating Engineers Local 49, stated a package of information about Jay Bros. was given to City staff. He added that jay Bros. is disbarred from bidding with the State of Minnesota, City of St. Paul and the City of Coon Rapids. Mr. Ryan stated that Jay Bros. was caught embezzling then employee's pension funds did not believe Jay Bros. was a responsible bidder. A letter provided to Morgan Dawley outlined the trouble the City of Coon Rapids had with a project done by Jay Bros. DEPARTMENTAL REPORTS Mayor Droste stated that the City of Rosemount police officers and firefighters through some of the joint agreements with the County provided assistance to City of Minneapolis during the bridge collapse. Chief of Police Kalstabakken stated that the Dakota County Special Operations Team that deals with structural collapses was at the site on August 1 this included two Rosemount firefighters assigned to the Special Operations Team. Rosemount Police also assisted with traffic and crowd control. Officers assisted Thursday, Friday and Saturday. Mayor Droste shared that for the last two years Dakota County cities have worked together to open a joint dispatch center that will use an 800 MHz service. The center will be opening in the October /November timeframe. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda a. through h. and j., k., L a. Minutes of the July 11, 2007 City Council Special Proceedings b. iMlumtes of the July 11, 2007 City Council Work Session Proceedings c. Minutes of the July 17, 2007 City Council Proceedings d. Authorization of Technology Study e. Bills Listing f. Resolution Authorizing Execution of Grant Agreement with the MN Department of Public Safety Division of Homeland Security and Emergency Management for the Buffer Zone Protection Program (Resolution 21)07 -67) g. Receive Donations Parks Recreation Dept. h. Expenditure Approval from the Donation Account Parks Recreation Dept. i. Rcc. ivc Bida /Award Contract 2007 Utik 133 Rcsolution 2007 j. County Highway 42 Corridor Study Update (Resolution 2(107 -68) k. Livable Communities Demonstration Account Resolution (Resolutions 2007 -69 and 2007 -70) 1. Award Demolition Bid (Resolution 2007 -71) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.i. Receive Bids /Award Contract -2007 Utility Maintenance Improvements, ENG 133 City Administrator Verbrugge stated that the bid totals for the project were all in excess of the engineer's opinion of cost. Given that the lowest bid presented was about 20% higher, 1 1 Mr. Verbrugge recommended that the City Council reject all bids and reauthorize the City to advertise for bids. He noted it was not a guarantee for lower bids but staff can review the bids and determine that perhaps there was some underestimating done. Many of the projects could still be completed in 2007 but deferring the work to 2008 was not an absolute problem. Mr. Verbrugge requested a motion to reject all bids and to authorize staff to re- advertise for bids for the 21)07 Utility Maintenance Improvements. Council Member Baxter stated that the low bidder was barred from bidding on projects for the State of Minnesota, Coon Rapids and St. Paul. He questioned if the City has a mechanism in place where it would bar companies from bidding on public works projects. Mr. Verbrugge responded there was no formalized structure for that type of review at the City. The City has never considered taking action of such against a contractor. He questioned if it should be a future policy. He noted the only shortcoming of doing so is that it would be a fairly intensive project to identify bad actors or to keep up with the State's licensed contractors that have been convicted of infractions that would justify taking such an action. He added that the motion tonight was not in relation ro the disbarment but instead suggested because the bids were 20% or more over the estimate. Motion by DeBettignies. Second by Sterner. Motion to reject all bids and reopen bidding and awarding of contracts for the 2007- 2008 Utility Maintenance Improvements, Engineering 133. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. NEW BUSINESS 9.a. Rosemount High School Security Fence Conditional Use, 07 -31 -CUP City Administrator Verbrugge requested to continue the item to August 21, 2007. Motion by Baxter. Second by DeBettignies. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 6, 2007 Motion to move the item for the Rosemount High School Conditional Use Permit for the Security Fence to the August 21 Council Meeting. ANNOUNCMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on August 21, 2007. Michael Jay, President of Jay Bros. Construction, stated their bid was rejected as part of item 6.i. He stated that Jay Bros. is a nonunion company. He stated that Joe Ryan's accusations were false. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 6, 2007 ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 8:00 p.m. Second by Sterner. Respectfully submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, August 15, 2007, at 6:35 p.m. in the Conference Room 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, Chief of Police Kalstabakken, Lieutenant Ericson, City Engineer Brotzler, Fire Chief Aker and City Clerk Domeier. Finance Director May, Operations Superintendent Cook and Public Work Supervisor Koslowski arrived at 7:00 p.m. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated there were no additions or corrections to the agenda. 2.A. Dakota Communication Center Mayor Droste welcomed Kent Therkelsen, DCC executive director, to the meeting. Mr. Therkelsen stated the project has been fast moving. He thanked the Mayor and City Council for its willingness to host the DCC adimmstrative offices at Fire Station No. 1. He provided a slide show and explained the objectives, cost efficient deployment of the 800 MHz, other benefits, service enhancements and the DCC Joint Powers governance structure. Council Member Sterner questioned the role of ad hoc members. Mr. Therkelsen stated that Miesville and Hampton /Randolph are not members and cannot vote. They are working on a policy to identify their funding mechanism so they will be able to pay their share. He stated a requirement to be a member is to have a population over 10,000 and a law enforcement agency. Mr. Therkelsen explained the staffing overview, performance measures, operating budgets, funding formula, debt service fund, Dakota County "Start -Up Subsidy the 2008 member fees, project timeline and provided pictures of the new facility. Council Member Sterner questioned what would happen to the former centers. Mr. Therkelsen replied that discussion is underway with several police departments. Brief discussion took place regarding the use of GPS units in police cars and fire trucks. Mr. Therkelsen stated that DCC is pricing laptops with the anticipation they would provide them to cities. 2.B. Preliminary 2008 Budget City Administrator Verbrugge stated the intention for the item was for the City Council to hear from each department head over viewing their service needs for 2008. He provided a memo to the members of the framework. The preliminary numbers presented showed a very marginal tax decrease of less than one percent. He has reviewed the numbers in light of the amount of the City Council goals. He stated the need to continue evaluating the tax rate and financial policies going forward. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 Mr. Verbrugge stated two big numbers to consider included the Street CIP and the County Road 73 improvements. The Street CIP included $500,000 for the quiet zone intersection improvements. Previously it was thought it would include four intersections but it appears improvements will only need to be made at two intersections. He projected that cost to be $250,000 to $300,000 per intersection. He advised the Council to discuss the issue since it was a primary goal and recommending eliminating the project for 2008. In 2009 it could be reduced to $300,000 to provide one upgrade and the second could be pushed back to 2010. He stated that the County Road 73 project was not moving forward as quickly as anticipated. The money could be placed in the 2009 CIP and the project could be kicked back to 2010. Mr. Verbrugge stated new investments included the addition of 2.75 Fliz spread across four positions. Council Member DeBetdgnies questioned if the IT staff position amount included all benefits. Mr. Verbrugge replied yes and that it included the cost for family health insurance in the event the employee opted to use it. Mr. Verbrugge recommended the $10,000 shared maintenance agreement with the National Guard and the $13,000 purchase of Cartegraph software and support services. Both items would be included in the Parks and Recreation budget. Mr. Verbrugge stated the Port Authority levy would be $50,000. He found it wise to maintain some reserve for unanticipated Port expenditures. Mr. Verbrugge added that there was a $40,000 increase for privatizing some of the custodial services so that other maintenance needs could be met. He also talked about a potential building maintenance position that would have responsibilities beyond custodial services. Mr. Verbrugge stated there could be a $335,000 reduction but didn't think it was a good idea to reduce that much for the preliminary levy. He added more could be reduced when the final budget is set but the amounts could not be increased. He suggested leaving $200,000 as undesignated until priorities and objectives are decided and how the tax rate factors into future spending priorities. Mayor Droste requested a summary on the housing units and the new property values. Mr. Verbrugge stated that information was provided earlier and the overall tax base increase was close to 8 "'b with 6 °'o corning from new growth. Finance Director May stated the County will not have a new number available until February 2008 payable in 2009. Mayor Droste stated the City showed an 8' o increase in property. Mr. Verbrugge noted it was the largest in Dakota County. He spoke of pen-nit revenue and the ongoing projects including the potential Prestwick project and stated there was enough inventory left to meet the numbers. Commissioner Sterner was curious about the number of empty lots in the Cir y. Mr. Verbrugge stated he did not know the number of infill lots. The numbers are provided based upon the approved subdivision, the lot inventories and factoring in the downwards trend. Mr. Brotzler stated that any additional infill would be found in projects similar to the Utienbogerd subdivision. Mr. Verbrugge added that the City is expecting the CDA to begin their project this year which will increase the numbers. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 Mayor Droste stated that adding nvo to three employees is a lot when you consider there will be stagnant growth. Council Member Shoe- Corrigan stated that the IT Coordinator is an important position to add. Council Member Sterner questioned the level of reserves. Mr. Verbrugge stated those numbers would not be run until September or October. Council Member DeBettignies questioned where the undesignated $200,000 would fall in the budget. Mr. Verbrugge replied it would be categorized as Council designated. He assured Council Member DeBettignies that it would not raise any auditing issues. Mayor Droste questioned if there would be a bond issue next year for the athletic complex. bir. Verbrugge stated the $2011,0(10 could be used for that and that debt issue discussions are needed. The question is whether to go for a referendum or to use the Port Authority for issuing the debt. Depending upon how much debt is issued and the emerging issues down the road the Council may want to talk about levying some of that debt as well. Mayor Droste questioned the increments on the Downtown. Mr. Verbrugge stated it would produce about 7.5 million dollars as long as it's built out by 2010. He noted that was conservative and that there is still enough to manage with what is in obligations. Police Police Chief Kalstabakken and Lieutenant Ericson presented the Police Department budget. Mr. Kalstabakken stated there were not many changes to the line items. He noted that Rosemount is one of the few cities that deal with loose cats and licensing cats. He noted that the City could save $7,500 if this service was eliminated. Mr. Kalstabakken stated that Shawn Moynihan was appointed judge earlier in the year which caused Dan Fluegel to step in as prosecuting attorney. The City does not intend to penalize the Fluegel law firm by seeking proposals for prosecution services. The plan is to give Mr. Fluegel a year to perform prosecuting attorney duties and do an evaluation at that point. He added the City receives a good deal financially at $54,000 a year which is significantly less than other cities of our size. He did not see a cost increase for prosecution services in 2008. Mr. Kalstabakken spoke of staffing issues and balancing the needs of the department. There are varying career development opportunities. He provided a chart representing officer time on a typical day. Currently there is a minimum of rwo officers on duty from 3:30 a.m. to 9:00 a.m. From 9 a.m. to 6:3(i p.m. there will typically be three officers scheduled, but will sometimes be only nvo due to the use of leave tune. From 6:30 p.m. to 2:30 a.m. there are four officers scheduled and there are never less than three on duty. He stated the scheduling allows more flexibility to attend training, use vacation time and reduces the amount of officer over -time. Mr. Kalstabakken provided a comparison to the number of officers in Rosemount (21) to the numbers in Farmington (23), Hastings (25), South St. Paul (25) and West St. Paul (28). 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 This year Rosemount had the fewest number of officers in those five similar sized Dakota County cities but had the third highest activity level. Mr. Kalstabakken reported that crime is down but in order to keep those good stats more officers are needed. The City has experienced a 50 growth since the 2000 census, while the number of reported crimes has remained steady or slightly lower. He provided information about the number of underage drinking violations, traffic stops and increased DWI enforcement. Mayor Droste questioned if all corununities have DARE officers. Mr. Kalstabakken replied that Lakeville and Burnsville dropped that position. Discussion ensued regarding the number of cities that have officers at high schools. Rosemount currently has one officer at the high school. Council Member Sterner inquired on the number of expected retirements. Mr. Kalstabakken predicted one in about 18 months. The other expected retirements would be two or more years away. Council Member Sterner also questioned the need for specialized officers. Mr. Ericson stated that the budget was tight and they did not plan to expand to projects that cost more in the long run. He spoke of the expense with training a motorcycle and K9 officers. Mr. Kalstabakken added there was no demand to have a K9 officer; neighboring agencies have K9 officers available. Council Member Sterner also questioned the hours of the drug task force officer. Mr. Kalstabakken stated the officer is utilized through the County task force and Rosemount currently commits to .20 F1E (416 hrs.). Drug enforcement is difficult because the City cannot do it themselves; drug dealing crosses jurisdictional boundaries and a county -wide approach is the most effective. Council Member Shoe- Corrigan stated the Community Resource Officer is very popular and everybody in town knows him. Council Member Baxter stated he heard great things about the department at National Night Out. He added the moral is good in the department, they have great staffing levels and it's unportant that it continues. Council Member DeBettignies questioned if the staff is pushing its limits and if officers are complaining. Mr. Kalstabakken replied they are doing fine but if you ride with an officer you may receive a different answer. There are nights when officers are really busy with back to back calls. The department is able to handle the call load very well and they also have time to generate their own activity. Mr. Ericson added the department is staffed pretty well but as the City grows one new big box could take one officer. Next year there may be several spots where we could use an officer to multi -task. He added the pressures with Rosemount being one of the few cities that does not have a full -time drug task force member. Council Member Shoe Corrigan questioned the cultural barriers in the City. Mr. Ericson stated that during die last hiring process being able to speak a foreign language was taken into consideration; however, there are few candidates with second language skills. The Spanish for law enforcement or similar classes have nixed results. He stated the language would not be used enough so in three to four years you become less fluent. He added the minority population is not big enough and contact with non English speaking persons is not common enough to maintain a level of competency gained in the language class. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 Mayor Droste questioned the Police Reserve schedules. Mr. Kalstabakken stated the reserves have no attest authority and each is expected to work about 10 hours a month. They are volunteers who receive $1.00 per hour if they do meet the cotnmiunent of working 10 hours or more a month. He stated there is a $120 stipend and the City provides the uniforms. A significant portion of reserve hours are put in during Leprechaun Days and other community events. Council Member Sterner questioned the type of crime that will happen if a big box retail company would located to Rosemount. Mr. Ericson stated in addition to theft there will be traffic issues. Council Member Sterner also questioned if the department really needed four DVD players or if three was plenty for now. Mr. Kalstabakken stated it was a fairly insignificant cost and noted that the courts want many things to come via email. The projected cost also including the fees to convert to a digital system that is compatible with the County's electronic transfer system. Mr. Ericson added that each room has its own recording system. Council Member DeBettignies was concerned with the cost for the product and installation. Mr. Kalstabakken stated a hard drive has to be added to the booking system. Cameras will also be added to the outside back door. Mayor Droste pointed out that a lot of other efficiencies may be thought of when DCC is online. Fire Fire Chief Aker was in attendance to present the proposed budget for the Fire Department. He stated he did not anticipate any new initiatives for next year. They plan to continue the fire prevention programs in the schools and community. A major impact was the adjustment in the salaries category. He noted the biggest impact was the fire marshal salary increase. He stated there are an increased number of calls which require more fie fighter time. The main cost is the subscription fees for the 81)0 MHz. He noted the slight increase for special operation teams and the fire relief contribution. Council Member DeBettignies questioned what type of payment firefighters receive at retirement. Mr. Aker stated right now it's a lump sum payout. The payout currently is the years of service at $6,100 per year. Council Member Sterner questioned the testing for firefighters. Mr. Aker explained the testing required and the requirement for physicals, continuous training and the annual medical test. Council Member Sterner inquired about the problems with the air and heating units at the new fie station. Mr. Aker stated one unit keeps blowing the circuit board. Parts are on order to replace the circuit boards. Mr. Verbrugge addressed the scheduled purchase of a water tender truck. The proposed cost is $250,000 and it would be purchased with equipment certificates. There would not be an impact on the 2008 budget but the debt service would begin in 2009. Mr. Aker stated the deparunent currently has two tankers. One is very new but the other one was purchased in the mid 1970's used from Gcnz Ryan. He spoke of the drills and practices done County wide and the importance of keeping the water flows. The tirst engine holds 1,000 gallons of water and the tender trucks hold 2 -3,000 gallons. That continuous flow could be held until a 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 surrounding community could supply Rosemount with a tender truck to continue the water supply. In the event of a rural fire both water tenders respond. If only one responded the department could not cover that time between waiting for another community to provide water. He stated the City mechanic provided a list of repairs that have taken place. It is not felt to be an unsafe vehicle yet bur the availability of parts and continuance of maintenance was a concern. At a point soon it will have to be addressed and replaced in order to maintain the same service level as right now. He stated the officers felt it was appropriate to seriously consider the purchase. Mayor Droste questioned adding a tanker when the community is becoming more urbanized. For many years the City got by with only one. He added there are minimal rural properties. Mr. Aker stated that buildings and homes in the rural areas are bigger than before and the density population has increased over the 30 year life of one vehicle. Mayor Droste had a hard time purchasing a tender truck and suggested purchasing a fire truck instead. Mr. Verbrugge stated the next pumper addition was scheduled for 2012. Council Member DeBettignies questioned if the City had the capabilities of machining parts for the tender truck. Operations Superintendent Cook said the City did not have those capabilities. City Administrator Verbrugge questioned what kind of research could be done to help make the decision. Discussion ensued on how to retract water from area ponds. Mayor Droste questioned the amount of growth in the rural residential areas. He also stated that fire hydrants will be located along County Road 42. Council Member Shoe Corrigan questioned if the truck could be used for residential properties. Mr. Aker stated it would mainly be for the rural properties. The department cannot maintain a flow with its current vehicle. Mr. Verbrugge questioned the Cin Council if that was an acceptable risk. He stated the City would be going backwards on its risk management. He added that the flow could run out before mutual aid would arrive at the scene. Council Member Sterner questioned if there was a salvage value. Mr. Aker stated there was no value. bfayor Droste did not believe the City would be deteriorating its service. He was curious to find out how many homes are in the rural areas. Mr. Verbrugge stated staff would research the information and provide the documentation at a Liter meeting. Public Works City Engineer Brotzler, Operations Superintendent Cook and Public Work Supervisor Koslowski were present to discuss the Public Works /Engineering budget. Mr. Brotzler highlighted the proposed projects. There was a 36 increase for government buildings. Fire Station No. 1 needs about $80,000 in repair work done. The repairs include caulking, exterior and interior painting. The Public Works building also needs caulking and painting upgrades. He added that Mr. Cook, Mr. Verbrugge, Mr. Koslowski and Mr. Schultz toured the buildings and could provide more information about the improvements and where they rank. Mr. Brotzler anticipated there would be no significant increases in fuel costs. Based upon usage this year there was a moderate increase made for fleet maintenance. He stated there 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 was a 4.2°./o increase in street maintenance which included salary increases and wages for part tune seasonal help. He added that money was added to update the decorative street lights to LED bulbs and the additional costs with increasing electric fees. He stated $16,000 was added to seal coat a number of City owned parking lots. Mr. Brotzler stated there was a 39% increase for park maintenance. The additional dollars are needed to pay for part -time seasonal help and to cover the increase in materials. He spoke of the rink board replacement at Jaycee Park. He added that the rink boards at Central Park are scheduled to be replaced in the next two years. Mayor Droste questioned if staff installs the hardie board on the shelter. fir. Koslowski stated that it would be contracted out. The shelter was built in 1990 and was re- roofed last year Mr. Brotzler noted that the paving of the rink at Jaycee Park was heing considered by the Parks Department and that if the rink is to be paved, it should be done in conjunction with the replacement of the rink boards. He added that Mr. Schultz would be discussing the possibility of paving the rink at Jaycee Park with the Parks Commissions and that if determined to be appropriate, the costs would be funded with park dedication funds. Mr. Brotzler also spoke of the tennis court repairs needed at the Bloomfield and Claret Park courts. He stated it was decided to repair the damaged areas but that there may be a cosmetic defect in the coloring. Council Member Sterner questioned if there would be a cost savings to repair the courts all together. Mr. Brotzler stated he was not aware of any savings. Council Member Baxter added that the repairs should be staggered or the City will always be fixing the courts at the same time. Mr. Brotzler questioned if it was a priority to pave the Schwarz Pond parking lot. Discussion was held considering whether it could be used as a "green" parking lot demonstration project. Mr. Brotzler stated staff could look into it but cautioned the price would increase and the work would need to be contracted out whereas the current proposed cost is for materials only with Public Works staff completing the work. Mayor Droste stated the upgrades at Jaycee Park were needed. Mr. Verbrugge stated it was an area the City could push off but that it would just push back other projects identified in the quality standards. The Cin is getting to a point where nonrecurring annual maintenance will become a continuous issue. He stated it would have to become a practice to dedicate money every year to manage those projects. Council Member Sterner questioned if the some of the project upgrades could be done internally. Mr. Koslowski stated the department could paint the offices and hallways but would not have the equipment to paint the bay areas in the fire station. Council Member Baxter questioned if the City is learning anything to prevent the same issues from happening at Fire Station No. 2. Mr. Brotzler stated these types of issues could be handled by a building maintenance person. The City has dedicated more public works staff time to do the inspections. Moving forward it would be better to dedicate a staff member and to take proactive approach to following the quality standards. It would be nice 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 to set some benchmarks. He added that the department is losing 40 -60% of an employee's field time to do maintenance work with the coordination of building activities. Council Member Sterner questioned why the fleet maintenance is going down. Mr. Cook responded that the usage isn't going down just the price of fuel is going down. Council Member Sterner questioned getting a second mechanic. Mr. Cook stated the department already has two full -true employees. Mr. Verbrugge stated the Finance Department discussion will be deferred to August 22. He did not want and did not expect any direction for the September 4 meeting until the August 22 work session. He spoke of the effort at looking for alternative revenue. He stated that a street light utility would cost about six to eight dollars per household. Mayor Droste stated this was not the year to add anything if the City was looking to go out for a bond issue. His opinion was to avoid looking at any new fees. Council Members Baxter, Shoe- Corrigan and DeBettignies wanted more time to think about the fee. Council Member Shoe- Corrigan stated it was another funding source for taxes. Mr. Brotzler stated that he could provide comparable rates for neighboring cities. Council Member Baxter stated that the second water meter discussion fell through the cracks. Mayor Droste stated that 592 residents have second meters. Mr. May stated that approximately four to seven residents are adding second meters per week. Mayor Droste summarized the rate difference with a second meter. He added that through technology down the road we wouldn't need that equipment except that it nukes a truer bill for those who do a lot of watering. Council Member Baxter stated there is a way to avoid the need for a second meter. Mr. May stated that history has shown it wouldn't make sense. The first three months of a year set the base for sewer usage and more water is used that goes into the sewer system. He added that the City would short itself because it would be paying the higher sewer rates that were paid in the mid 1990's. Mr. Brotzler stated the rates would increase for sewer because the City would be billing for a lower volume. The rate would have to increase because the Met Council bills the City on a metered rate. To keep the revenues constant, the sewer rates would have to be increased. Mayor Droste stated it was a big investment to get the second meter. Mr. May countered that there was a payoff in one to four years if a resident is a high user. Mr. Verbntgge stated it could be brought down by requiring the second meter with the building of a new home. Mr. Brotzler added that the plumbing fees would also go down. Mr. May stated that residents will water when they want to water whether or not they have a second meter. Mr. Verbnigge did not think usage or cost was an inhibitor in terms of conservation. He suggested going to a gradual scale or alter the policy to three days. Council Member Shoe Corrigan stated that the City will not change resident's behavior unless they hit the pocketbooks. NIr. Brotzler stated it was not just home irrigation systems that have a lot of usage. More boulevards and cotmnon spaces were being irrigated compared to developments of years ago. Dfayor Droste stated it could be tied into sustainability. Council Member Baxter stated that die second meters had nothing to do with conservation and that putting water on lawn ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 not going through the sewer shouldn't be charged for sewer. Mr. May stated it could not be broken out with out a second meter. Mr. Brotzler stated that prior to 1994 the City billed sewer on winter quarter water usage. Because of many complaints from residents who didn't use water in the summer or winter, the City Council and utilities Commission made the decision to go away from billing on water usage and move to a second meter. Council Member Baxter stated that those residents got an advantage. Mr. Verbrugge stated it was the same five or six residents that complained about the unfairness in the winter. The broader issue was to look at what other cities are doing in regards to water conservation. He wanted to nip any issues before having to enforce total water bans and to evaluate what the prospects are for doing an accelerated rate scale. Mr. Brotzler stated that last year the City looked at the rate study and made a decision that the fees were adequate. A recommendation was to increase by using a block rate system. With that system, there would be a fixed rate and if a resident goes over the fixed number of gallons they would pay a higher amount. That mechanists is available when the Council determines it appropriate to modify rates. He added the City has to submit its emergency water and conservation plan to the DNR. It would address what the firm pumping capacity is and would make sure the City understands where the low level point is in our elevated storage system that we need to stay at or above to provide water in emergency situations. He explained the parameters that could be set. Mayor Droste stated the goals should be communicated to the residents so they can understand the increased water rates. Council Member Sterner wanted a moratorium placed on issuing second meters until the issues are settled. Mayor Droste noted that second meters could be stubbed out during the construction of new homes. Mr. Verbrugge stated the second water meters will be discussed again. Council Member Sterner requested that the budget have 55% reserve in it. Mr. Verbrugge questioned what the comfort level was for the preliminary levy. Mayor Droste requested a ball park number for a five million dollar bond issue and what that would add to the tax rolls. He wanted the most realistic numbers and shared his concerns for 3009. Council Member Sterner could not justify adding clerical help with the license tab window closing in 2009. Mr. May stated most of their work is spent doing utility billing. Mayor Droste stated that building maintenance inspections should not be done by public works employees. With the residential permits much lower than past years, one of the building inspectors could handle the position. Council Member Baxter stated that bonding for five million dollars may not be enough if the St. Joseph reuse is factored in. He requested that Mr. Verbrugge run different scenarios to figure out the impact of the bond numbers. Council Member Shoe Corrigan requested more information on the commercial growth in Rosemount. She questioned why the City is moving slowly. Mr. Verbrugge pointed out that ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 Ryan backed out of the business park because it cannot find users. He also spoke of Community Development Director Lindquist's marketing initiatives. Discussion ensued regarding the attraction of busuiesses and potential marketing tools. Mr. Verbrugge stated money was available in the Port Authority budget to do more marketing. 2.C. Right of Way Ordinance City Engineer Brotzler stated his concerns about FTTH and other projects that could be corning in that would be labor intensive for staff. The proposed ordinance would include an amendment to the fee structure. He stated with the amendment, the new fees would be closer to the actual costs. City Administrator Verbrugge and Mayor Droste met with Rudder and two tech guys running the system in Rosemount. Mr. Verbrugge stated that Rudder did submit their PUC filing last Monday. Rudder is putting together an application for the FCC filing. They are trying to come up with some alternative physical plant for delivering the service. Mr. Verbrugge stated they need to deliver what's in the franchise. Rudder came to City Hall today and showed a plan for actually installing the backbone. There are six phases but that may not be quick enough. It costs about $300,000 to build each grid and three to four million dollars for the physical plant. Rudder has trunks identified on primary roads and building connector from there. Mr. Verbrugge stated it was a positive meeting and that Rudder appeared to be committed. The City will see a lot more in the next couple of months. He told Rudder that we need a strong assurance that the deliverables are being delivered and there would be stiff remedies. He said we do not want to wait until the end of the building period to go after Rudder. Mayor Droste stated it would be a three year rate of return. It is a good thing that Rudder has the credit ability. He added that Rudder was looking to locate its office in Rosemount which would staff 40 people. He spoke of Frontiers success in local communities and the risks with signing on with another company. Rudder has made the decision to be proactive now and is committed to witting the CM. Mr. Verbrugge stated that the $30,000 drawn from the letter of credit would be used to pay for the City's technology study. Mayor Droste suggested that all Council Members read the item again to discuss at the next work session. Updates Proposed Debarment Ordinance City Administrator Verbrugge stated that City Attorney LeFevere drafted an ordinance the City could use to screen contractors. The Ordinance would allow the City to adopt the MnDOT and Department of Administration debarment lists. Mayor Droste stated it was a good idea. Mr. Brotzler stated that right now the City can only reject bids if the contractor is deemed incapable of completing a project. He noted how difficult that would be to prove and how expensive it would be to do a pre qualification process. The Council Members were in agreement to move forward with the proposed ordinance. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 15, 2007 Water restriction ordinance update City Engineer Brotzler read the ordinance amendment language that would change the amount of watering done at City parks, City Hall and fire stations. The amendment proposes to allow the city to water city facilities no more than every other day but when appropriate, to extend the frequency to an every third day basis to cut down on the amount of watering for the year. The City Council agreed the ordinance was a good idea. Mr. Brotzler stated the item would be on the August 21 Consent Agenda. Additional Updates City Administrator Verbrugge talked about potential upgrades to the Family Resource Center. Mayor Droste suggested getting rid of the garden and bringing in picnic tables. It was also discussed that staff should look unto get grants to pay for other amenities. Council Member Shoe Corrigan inquired about the stains of the architect working on the library project. Mr. Verbrugge stated the architect would fulfill their contract. Discussion took place about providing an art feature or amenity. Council Member Sterner requested that the tree ordinance be revised to include Dutch Elm resistant trees. He also suggested doing a project in Peter Hausmann's honor. It was recommended that he contact St. Joseph's church to find out their plans for a memorial. He added that he attended the Stonebridge tour and it went fine. Mayor Droste stated he requested unique architecture for the Downtown project. Council Member Shoe- Corrigan requested a copy of the guidelines for the Downtown architecture. Mayor Droste provided updates on transit issues. He also stated that the County cotmnissioners worked on a transit plan that each City will be able to integrate into their comprehensive guide plans. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste adjourned the meeting at 1 1:02 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 CALL TO ORDER Pursuant to clue call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, August 21, 2007, at 7:31 p.m. in the Council Chambers at Ciry Hall, 28 145t Street West. Ntayor Droste called the meeting to order with Council Members Baxter, DeBettignies and Sterner attending. Council Member Shoe Corrigan was absent. Staff members present included City Administrator Verbrugge, Assistant City Administrator Foster, Community Development Director Lindquist, City Engineer Brotzler, City Attorney LeFevere and Recording Secretary Hanson. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated that item G.g. should be pulled. City Engineer Brotzler provided the Council with additional bidding information with respect to Items 6.e. and 6.f. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with Item 6.g. pulled and additional information on Items 6.e. and 6.f. Ayes: 4. Nays: 0. Motion carried. CONSENT AGENDA Council Member DeBettignies pulled Item 6.h. for further discussion. Motion by DeBettignies. Second by Baxter. Motion to approve the Consent Agenda items as presented (with Items 6.g. and 6.h. pulled) a. b. c. d. e. f. ROSEMOUNT CITY COUNCIL PROCEEDINGS REGULAR MEETING AUGUST 21, 2007 Minutes of the August 6, 2007 City Council Regular Proceedings Bills Listing Medical Leave of Absence for a Firefighter Receive Donation Parks and Recreation Dept. Receive Bids /Award Contract CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 (Resolution No. 2007 72) Receive Bids /Award Contract Well #15, City Project #408 (Resolution No. 2007 73) i. Rosewood Village 2 Addition (Mesa Properties, Inc.) Minor PUD Amendment, 06- 30 -AMD j. Resolution and Consent Order Imposing Civil Penalty on Montgomery Meadows, D /B /A Shenanigan's Pub (Resolution No. 2007 74) Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent: Shoe Corrigan. Motion carried. 6.h. Amending Lawn Sprinkling Ordinance. Council Member De Bettignies stated he pulled this item to point out that the City decided to amend the Lawn Sprinkling Ordinance in a proactive approach for conservation. The City will begin watering City Parks and other City green spaces on every turd day rather than odd -even days. Motion by DeBettignies. Second by Sterner. Motion to adopt an Ordinance Relating to the Watering of Lawns and Landscaping, Amending Rosemount City Code Section 4 1A 3, Paragraph B. Ayes: Droste, Sterner, Baxter, DeBettignies Nays: None. Absent: Shoe Corrigan. Motion carried. (Ordinance No. XI.28) 6.g. Ordinance Adding a New Chapter Regarding Contracting. City Administrator Verhrugge requested that Item 6.g. be tabled indefinitely. ROSEMOUNT CITY COUNCIL PROCEEDINGS REGULAR MEETING AUGUST 21, 2007 Motion by DeBettignies. Second by Baxter. Motion to table Item 6.g. Ordinance Adding a New Chapter Regarding Contracting indefinitely. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe- Corrigan. Motion carried. PUBLIC HEARINGS: None. NEW BUSINESS 9.a. Joint Powers Agreement— Lebanon Hills Regional Park. City Engineer Brotzler presented this item. The Cities of Apple Valley, Eagan and Rosemount with Dakota County Parks have been working to develop a stormwater management plan to address recurring flooding in Lebanon Hills Regional Park and the City of Eagan. The connection cost proposed to be paid by Rosemount for downstream improvements is proposed to be financed by the Vermillion River Watershed Joint Powers Organization through a second parallel John Powers Agreement and will be paid over a period of tune The second parallel joint Powers Agreement is not yet before the Council for approval. Staff is recomunending Council approval of the Joint Powers Agreement conditional upon City Administrator and attorney approval of the final Joint Powers Agreement. Council Member DeBettignies asked whether or not the agreement becomes null and void if the City of Rosemount signs the agreement but one or more of the other parties do not. Mr. Brotzler stated that is correct. Council Member Sterner asked what watershed district the City is in. Mr. Brotzler responded the City is within the Vermillion River Vatershed. He further stated that when the watersheds were established in this area, they were established along the corporate boundaries of the city without acknowledging that there is an additional 700 acres that flows north into Lebanon Hills which is in the neighboring watershed, the Gun ROSEMOUNT CITY COUNCIL PROCEEDINGS REGULAR MEETING AUGUST 21, 2007 Club Watershed. There is a process that the watersheds could be modified but since it is such a small area, it was determined to be more appropriate that the Vermillion River Watershed be a part of this agreement. Council Member Baxter stated he is glad to see this item come to the agenda and complimented Mr. Brotzler and staff on the great deal of hard work. He also complimented the Mayor and Council Member Shoe- Corrigan for their work on the mattet. He stated it is his understanding on having been to at least three work sessions that this may be a bitter pill to swallow. However, in the settlements of disputes, it often involves in each side accepting mildly uncomfortable results. Council Member Baxter further stated that this may not be an equitable outcome, but one the City can live with and move on. Mayor Droste stated that Lebanon Hills Regional Park, the outflow through Eagan, goes through to the Minnesota River. Even though we are quite a distance away from the Mississippi River, our boundaries do touch the river. Until the City went through the study on the northern part, it was unknown ten years ago that the (.M had that amount of acreage and flow to the north. All cities must belong to a watershed which provides various elements. The decisions were made decades ago and the City needs to belong some way keeping in mind the City manages stormwater a little different than years ago. Nlayor Droste further stated he feels the Joint Powers Agreement is a solution, but a difficult one at that. Motion by DeBettignies. Second by Baxter. Motion to enter into a Joint Powers Agreement with the City of Eagan, Dakota County and the City of Apple Valley for Storm Drainage Improvements within the Lebanon Hills Regional Park and authorize the necessary signatures subject to final review and approval by the City Administrator and the City Attorney of changes not substantially affecting the rights of the City. Ayes: Baxter, DeBettignies, Droste, Sterner Nays: None. Absent: Shoe Corrigan. Motion carried. 9.b. Rosemount High School Security Fence Conditional Use, 07 -31 -CUP Community Development Director Lindquist presented this item. The Rosemount High School has a gas meter and associated piping that is located on the outside of the building that vandals have used to access the roof of the school. The school is requesting a conditional use permit (CUP) to allow construction of a ten (10) foot tall security fence around the gas meter to prevent further access to the roof from this location. Ms. Lindquist further stated that the School is also requesting a refund of all fees. The City sets up a fee schedule that is reviewed even' year. Staff has determined that $400 of staff time was spent on this item. Ms. Lindquist stated though that Council should keep in nwnd that other applicants will expect reimbursement if they approve a refund in fees. Council Member Barter stated there are times where exceptions are made. City Attorney LeFevere responded that the Council can create a separate fee schedule with separate items based on the difficulty level of an application rather than straight fees. It was discussed though that often times, a complex application can be resolved quickly while a seemingly simple application can require a lot of staff dine. Mayor Droste suggested that possibly fees could be waived between government agencies and wondered if the applicant had any knowledge of other conununitiess that waive fees. Mike Schwanke, Facilities Coordinator of ISD 196, approached the Council. He stated that this was the first conditional use permit he had worked on in his position so he did not have any knowledge of previous waivers or reductions. 1 There was no further discussion among Council members. ROSEMOUNT CITY COUNCIL PROCEEDINGS REGULAR MEETING AUGUST 21, 2007 Council Member DeBettignies asked Mr. Schwanke if it was acceptable to the applicant if the City charged the $400 for the spent. Mr. Schwanke replied that it would be acceptable. A discussion then took place between :Mayor Droste and Council Member DeBettignies on whether or not a government agency could adjust the fee structure for another government agency without opening the doors to other applicants. City Attorney LeFevere then added that the law does allow one government agency to give property to another no matter what the value for reduced or no consideration, i.e. land or a vehicle. However, the Attorney General states that you cannot give them cash. He further stated that in this case, it would not be cash but a forgiveness of a debt which could be handled differently. Motion by Sterner. Second by Baxter. Motion to adopt a Resolution approving the Conditional Use Permit for Independent School District No. 196 to construct a ten (10) foot tall security fence at the Rosemount High School. Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution No. 2007 -75) ANNOUNCEMENTS The Iwfayor recapped the weekly schedule for the Council. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:O1p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 29, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a work session of the Rosemount City Council was duly held on Wednesday, August 29, 2007 at 6:34 p.m. in the Council Chambers at City Hall, 2873 145`'' Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Sterner, and Shoe Corrigan attending. Council Member Baxter arrived shortly thereafter. Also in attendance were City Administrator Verbrugge, Assistant City .Administrator Foster, Finance Director May, Community Development Director Lindquist, Park Director Schultz, and Recording Secretary Stoffel. ADDITIONS OR CORRECTIONS TO THE AGENDA Mayor Droste added two additional updates including 1) Chadwick proposal for triangle; 2) Fields at Dakota County Technical College; and one item for discussion, Rental Licensing. DISCUSSION 2A. Preliminary 2008 Budget City Administrator Verbrugge opened the floor for discussion and review of the 2008 budget. Finance Finance Director May recapped his budget by highlighting the areas of change. There is an increase of $10,110(1 for general network support. Staff has had discussion with Elertand Associates regarding a fulltime support staff person or retaining a consultant for a given number of hours for a person to be on site every week. Director May indicated that credit card usage to pay for services has seen an increase, thereby increasing the cost of this service significantly. There has been fairly good utilization of the credit card payment program. The Parks Department recently went to online registration. There is no track record because this service is fairly new. Community Development Director Lindquist indicated they are monitoring credit card usage and in the future may build the additional cost into the fee schedule. Charging an administrative fee to those who use credit cards is prohibited. The cost must be spread across the board. There is also the potential for online permits which would htrther increase costs. Finance Director May recommended continuing to monitor credit card usage and review again next year when the fee study is completed Maryann Stoffel explained that administrative fees for credit card transactions are based upon the type of card. The highest fees are associated with commercial credit card holders. 1 Director May indicated that they had discussed limiting the amount to be charged to a credit card but didn't implement this restriction because they wanted to see how high the fees would be. This will be re- evaluated again in the fume. The fees were $1700 in 2004 and $2 last year. This increase was attributed to adding the service in areas other than Parks and Recreation vn August of 2006. Council Members suggested sorting fees by deparunent, but AIr. May explained that there would be crossover depending on what the credit card payment is covering. Further discussion occurred regarding bad /nsf checks. Mr. May indicated that in a twelve month period there were only 15 -30 bad checks. This was not very many for the volume of checks received. The fee for a returned check is 30.00. Park and Recreation Director Schultz indicated that the administrative fees for credit cards are taken out of the program /registration fees. It was Council's position that the credit cards are a service to the customer; and they would review the associated fees next year and incorporate those fees into the fee schedule. Director May indicated that because building permit fees are so closely scrutinized by the Builders Association that up charging to include credit card fees wouldn't be advisable. There was $5000 budgeted for fees this year and the budgeted amount for fees have been increased to $10,000 for next year. Council Member Sterner didn't see the convenience for departments other than Park and Recreation to use credit cards /on line payment systems. Mr. May responded that of the 6000 utility customers, approximately 400 to 500 customers use auto payment for their utility bills. Kin Lindquist and Dan Schultz responded that credit cards and on line payments are the wave of the future. Community Development Community Development Director Lindquist indicated the only changes to the department budget were for salaries and benefits, and $5000 was put into the budget for the reproduction of the Comprehensive Guide Plan. The revenue projections have been significantly decreased recognizing what is going on in the economy. Rotdund home builders are continuing to project 50 units for the next couple of years. City Administrator Verbrugge responded there are approximately 2'/2 to 3 years worth of inventory of lots available, assuming 150 for the next couple of years. There are currently 380 lots available according to the lot inventory. If Prestwick goes through the number of available lots would increase. This number is from the final plats already in existence. A copy of the lot inventory is available on the web site and is updated on a monthly basis. Mayor Droste reiterated the need to continue with a marketing campaign for the continued growth of the community. Director Lindquist responded that they would continue with direct marketing versus newspaper advertising and would be meeting with brokers whose 1 focus is specific types of businesses such as Target, Kohl's, Costco, etc. Approximately $20,000 is being budgeted for advertising. This fund would he primarily for direct mailings. The Council would like to see follow -up with the mailings and meetings with the brokers. Council questioned what it is that we don't have to entice new businesses, and what is it going to take to bring them here. One suggestion was to visit the corporate headquarters and "get in them face A suggestion was made to invite Mr. Carlson and the owner of the Chippendale building, to a meeting to see what they are looking for and if there is anything the City can do to help fill the vacant spaces. Community Development Director Lindquist responded that a representative for the Chippendale buildinghas contacted her and given her their phone number if there is any interest. As an update, the Movie gallery is going out of business. Council Member Sterner suggested to include information on the web site to attract new businesses and to advise of vacant space available Concerns were expressed regarding the City acting as a broker. Mayor Droste concurred with Member Sterner and directed staff to research the possibility of putting this information on the web site. The City of Eagan currently has this information available on their site. Administrator Verbrugge suggested possibly an economic development position, but was not proposing this position at this time. Mayor Droste was not in favor of additional staff. Member Sterner requested an update regarding PermitWorks software. Director Lindquist advised that the customer service is not adequate and communities utilizing this software have expressed concern regarding the viability of the software since the company has lost a vital staff member that services the clients. Parks and Recreation Park and Recreation Director Schultz recapped the changes to his budget for the Park and Recreation Department. Arbor Day, which has had no increases for seven years, has been increased by $1400 for next year and an additional $1500 has been put into the garage sale program. The Newsletter, which is published four times a year, is the main avenue to get information out to the public. Alan Cox is working on a list serve to reduce the printing costs. MRPA dues to the professional group are up $400. There is a $1200 annual fee to use online registration. There is $1000 set aside for a horticultural person. The fees collected for the programs, softball, tennis, etc. covers cost of programs. There is a proposal to increase the part time receptionist position to a full time position. The ice arena budget has increased. Utilities continue to fluctuate. The main chiller was knocked out from the storm. The cost to repair the chiller was $35,000 but it was covered by insurance. Everything else is holding steady according to IMlr. Schultz. Director Schultz advised that the arena painting of the ceiling and cleaning of the ductwork needs to be addressed. If this is not done this year, then it needs to be done next year. It is usually done once every fifteen years. 1 The Park and Recreation Budget had an ice edger in the budget two years ago, but didn't purchase it. It has now been put in the budget for 2008. lcc rentals should be up again this year. This year was biggest summer they have ever had. Currently there are two camps going, when it is usually a slow time. Director Schultz reiterated that a few years back the National Guard paid city for full time employee for maintenance on the building. 'fhe Guard doesn't have anyone to do any maintenance on the building and any repairs that are needed have to be cleared through Camp Ripley. Mr. Schultz is trying to recoup some of the costs for maintenance. Mayor Droste commented that the Community Building needs some type of planter or greenery. Director Schultz responded that he is looking at a plan and it would include a couple of benches. The National Guard does have to approve it since they own the building. This could be completed by this fall. The ice arena budget shows a need for a subsidy of $165,000 for 2008. Mr. Schultz indicated this was common and that rinks are not profit centers. Finance Director May indicated the Parks budget has increased by 5%. Administration Administrator Verbrugge reviewed the proposed Administration budget changes for next year. There is an increased of 15% for insurance premiums and 3.5 4 for salaries. There will be a slight increase for the newsletter which will be eight pages instead of six. The City Clerk needs additional training. Drug testing has been removed from the Public Works budget and put into the Administration budget. There will be a $16,000 increase for the Cable Comunisssion with Rosemount's portion at 25%. Upcoming elections will prompt equipment purchases. General Government There will be increased paper costs and postage went up. The rest remained basically the same. Administrator Verbrugge commented that looking ahead to 2009 projections indicate a zero market value growth. New residential units are projected at 150 per year. Flat tax rate for 2008 shows no increase in tax capacity. Looking forward to 2009, projections show a significant increase in the budget a flat tax capacity rate. Mr. Verbrugge anticipates decisions for 2009 to be much more difficult. The average increase for market value is between two and four percent. Time will be spent during the next three months developing more specific derails for each department. Plans are to add an officer mid -year. The preliminary levy can draw down but cannot go up. Dollars can move around within the budget. Final decisions will be made i1 the next couple of months. Mr. Verbrugge would like to maintain the fund balance at 55% but the reality is around 52% now and will be around 49% in 2008. Admiustrator Verbrugge indicated that 55% for a fund balance is a healthy number, and doesn't feel the City will be penalized because of the market. There is a 6.99% increase for total funding 1 requirements and the overall final will be a 2.6% increase. December 3 111 will be the public heating for the budget. Mayor Droste recessed for ten minutes at 8:38 p.m. 2B. Parking Issues Director Schultz recapped the complaints he has received from residents regarding the problems with parking at Shannon Park Elementary School and Bloomfield Park. The problem areas are on the east side of Creggs and Cranford Circle. Mr. Schultz indicated that the problems occur during the open house at school and during tournament times. People will cut through driveways and town home areas and walk to the soccer fields and tennis courts. Kidder Park has no parking and everyone has to park on street. Mr. Schultz has received only two or three complaints in 13 years. Chippendale Park has no on -site parking. People are forced to park on the street. Staff will receive a complaint even' now and then, but not a huge issue. Mr. Schultz indicated Shannon Park is the most heavily used park. Evermoor Parkway doesn't have any parking on either side of it. There is space available if needed to expand parking. The inconvenience on the weekend is four to five hours or on a weekday, two hours. Mayor Droste recognized that the inconvenience of parking around parks is just part of the environment. Discussion ensued regarding utilizing park space for additional parking. The general consensus was that creating a parking lot will not eliminate parking on Creggs circle. Residents expressed concern to Mr. Schultz regarding the number of kids living in the cul- de -sac and that the very narrow space could be hazardous. Mayor Droste asked to consider these problems for future designs. Direction was given to review the green field on Shannon Parkway for additional parking. Updates 3A. Greening Initiatives Administrator Verbrugge gave a brief update regarding the internal initiatives relative to "green" standards. The payout for greening should be realized in a four to five year period. Mayor Droste briefly talked about examples such as mowing grass, saving on fertilizer, labor cost, etc. 3B. Chadwick Discussion Mayor Droste presented an update regarding conversation with lohnarhon Lochine and bfr. Chadwick for the purchase of a 21 acre parcel along Akron Avenue. The land was for sale with a price tag of $125,000 per acre. Discussion ensued but it was the consensus that the asking price was too high. Administrator Verbrugge wants to put the cost for land acquisition into the budget for 2009. Previously Mr. Verbrugge was not in favor of land banking but is reassessing that decision. Land could be made available for wells, parks, an athletic complex, etc. 3C. Soccer Field Parks and Recreation Director Schultz presented an update regarding property located on the west side of Dakota County Technical College, DCTC). The College has ten acres that they are interested in putting a number of soccer fields on. The site could accommodate three full size fields. The College would like the City to enter into a joint powers agreement with DCTC for these fields. if interested, the City would partner with DCTC to construct the fields, be the master schedulers and take on a big part of the maintenance of turf. Parking wouldn't be an issue because of the College parking available. This parunership could be for a period of 20 years. The City's only interest would be for three soccer fields. DCTC is interested in the concession stands, bathrooms, etc. Mr. Schultz advised that DCTC preferred one of the fields to be artificial turf and were willing to pay one -half of its cost. DCTC would bring to the project the parking, the land, utilities, management of the construction, and the plans and specifications. Director Schultz is requesting some hard cost numbers from DCTC. The Council expressed concern with what happens when soccer is no longer being played or dropped; is there a payback to the City? Council Members felt this would open up opportunities for the College to connect with the community. Nlayor Droste thought this project made sense and was a win, win situation. The challenge would be coning up with a good legal agreement and didn't think twenty years was enough. JIr. Droste suggested a lighted field. Administrator Verbrugge distributed cost estimates for an outdoor recreation complex. Some of these items could be funded through different organizations. The preliminary cost estimate is with everything. The estimate is for a comprehensive plan, but could be scaled back. The utilization of UMore property could create more opportunities for the athletic development. Discussion continued regarding different options for an athletic complex. Housing Rental Program Director Lindquist briefly talked about a housing rental inspection program. Ms. Lindquist advised that licensing would be beneficial to ensure success of program. Most other cities have licensing as part of their process. Council directed Ms. Lindquist to draft the ordinance including language for licensing. Updates SKB's open house is scheduled for August 30, 2007 1 1 1 Council Member Kim Shoe Corrigan shared pictures of veteran's commemorative monuments. State statute prohibits the City from funding memorials. Staff will have attorney check uito the limitations and City involvement. The Leprechaun Committee is requesting $10,000 from the City- for fire works. SKB has paid for it over the years, since it is a sesequential next year they want to put together a bigger event. The City is not allowed to provide funds for non- profits. Mayor Droste is requesting a grant of $1000 for the sesequential from state. Mayor Droste recessed the work session at 10:18 p.m. 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS SEPTEMBER 4, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, September 4, 2007, at 7:32 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 Ciry Administrator Verbrugge, Assistant City Administrator Foster, City Engineer Brotzler, City Attorney LeFevere, Finance Director May and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated there was additional information for item 6.g. Receive Bids /Award Contract -2007 Utility Maintenance Improvements, ENG 133. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with additional information for item 6.g. Ayes: 5. Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda items a through i. a. Minutes of the August 15, 2007 City Council Work Session Proceedings b. Bills Listing c. 2007A G.O. Water Revenue Bonds Authorizing Issuance and Setting Bond Sale (Resolution 2007 -76) d. 2007B G.O. Equipment Certificates of Indebtedness Authorizing Issuance and Setting Bond Sale (Resolution 2007 -77) e. D. �1.R.E. and School Liaison Services Agreement f. Declare Cost /Set Hearing Old County Road 38/132 Court West Street and Utility Improvements, City Project #387 (Resolution 2007 -78) g. Receive Bids /Award Contract -2007 Utility Maintenance Improvements, ENG 133 (Resolution 2007 -79) h. Special Assessment Agreement i. Approval of DCC Subscriber Agreement (2007 80) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. NEW BUSINESS 9a. Resolution Setting 2007 Preliminary Levy and Budget Hearing Dates Finance Director May stated that part of the budget process is to set the levy and public heating dates. The proposed resolution would set the general fund operating budget, the 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS SEPTEMBER 4, 2007 preliminary CIP and insurance budgets, the Port Authority- operating levy, the preliminary levy and the budget hearing dates. He stated that the Truth -In- Taxation meeting would be held on December 3. If a continuation is necessary it would be held on December 10. Mayor Droste questioned when the Truth -In- Taxation notices would be sent. Mr. May stated the notices would go out between November 1 -15. He added that the school, county and special taxing districts have different hearing dates. The City meeting is only to discuss the City's portion of the taxes. City Administrator Verbrugge stated at the Truth -In- Taxation meeting an issue that arises is the valuation of property. The valuation numbers are set by the Dakota County Assessor's office and can be appealed. He stated the tax rate proposed in Rosemount is a flat tax rate from 2007. It would be the sixth year in a row that the City- Council has reduced the tax rate which is a consistent goal. He pointed out that the preliminary levy sets the maximum amount of tax levy which can be reduced prior to the final adoption in December. Council Member Baxter stated that the budget preparation is an exhausting time of the year He was impressed with City staff, department heads and City Administrator Verbrugge for taking the process very seriously. He stated staff has provided justification for the budget numbers and does a very good job of adhering to the City Council's goal of reducing the tax rare. The economic realities are that the housing starts are down and it may be much more difficult in a year to deal with the decisions that are needed to be made. He stated the City Council makes decisions for now and the future. He congratulated and thanked City staff for their good work on the budget process. Motion by DeBettignies. Second by Sterner. Motion to adopt a Resolution Setting the Preliminary 2008 General Fund Operating Budget, the Preliminary 2008 C.I.P. Budgets, the Preliminary 2008 Insurance Budget, the Preliminary 2008 Port Authority Operating Levy and the Preliminary 2007 Levy and Budget Hearing Dates Required by the City of Rosemount. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2007 -81) 9.b. South Robert Square Daycare Center Site Plan Review and Conditional Use Permit Community Development Director Lindquist summarized the staff report and Planning Commission action. She stated that a daycare is considered a conditional use in the C -2 Zoning District. She stated that the daycare facility would not have an outdoor play area. Council Member Shoe Corrigan questioned the parking standards. Ms. Lindquist replied that the zoning district did not have parking standards and that the site plan would normally address the parking issues. She added that there will be designated parking spots across from the entrance. Mayor Droste questioned if the drop off area would be striped and marked. He said the number issue with the daycare is the safety of the children moving through the parking lot. A marked crosswalk would identify the area where children will 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS SEPTEMBER 4, 2007 cross the lot. Ms. Lindquist stated the striping could be added as a condition. Council Member Shoe Corrigan questioned if four parking stalls were adequate. Ms. Lindquist replied that it was standard to have four parking spaces and added the spaces would be marked. Council Member Sterner questioned the maximum number of children that could attend the daycare. Ms. Lindquist stated the applicant was in attendance to answer those types of questions. Jayme Macchitelli, 15386 Dellwood Way, Rosemount, stated there could be up to 80 children at the daycare. She noted that 30 children would be school aged that would only attend daycare before and after school. Ms. Lindquist pointed out that the City had not received the final building plans for the interior which would affect the number of children that could be allowed. Mayor Droste questioned how children would get to and from school. Ms. Macchitelli responded that a bus would be provided. Council Member Shoe Corrigan questioned the hours of operation and the type of schooling offered. Ms. Macchitelli replied that the hours of operation would be from 6:30 a.m. to 6:00 p.m. The daycare would have typical activities and would not be classified as Montessori. Council Member DeBettignies welcomed Ms. Macchitelli to the business community. He also wanted to ensure that parents are not parking at the entrance instead of parking stalls Ms. Macchitelli stated she would definitely make sure parents weren't using the door as a drop off stall. Council Member Sterner questioned if the City could be held accountable for any liability as part of the CUP. City Attorney LeFevere stated that the City would not be exposed to any municipal liability. Council Member Shoe Corrigan clarified that there would be security measures taken with the access to the building. Motion by DeBettignies. Second by Baxter. Motion to approve a resolution granting a conditional use permit for a daycare facility in the existing building located at 2975 145t Street West without an on -site outdoor play area, subject to conditions. Council Member Shoe- Corrigan offered a friendly amendment that striping to the sidewalk be included as a condition. The amendment was accepted by Council Members DeBettignies and Baxter. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan Nays: None. Motion carried. (Resolution 2007 -82) ANNOUCEMENTS 1 1 ROSEMOUNT CITY COUNCIL REGUALR MEETING PROCEEDINGS SEPTEMBER 4, 2007 Mayor Droste reviewed the scheduled of upcoming meetings. The next regularly scheduled City Council meeting will be held on September 18, 2007. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 8:02 p.m. Second by Sterner. Respectfully Submitted, Amy Domeier City Clerk 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 12, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, September 12, 2007, at 6:38 p.m. in the Upper Conference Room at City Hall, 2875 145` Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBetdgnies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant City- Adnmstrator Foster, Project Engineer Dawley, Director of Parks and Recreation Schultz, Community Development Director Lindquist, Senior Planner Zweber and City Clerk Domeier. ADDITIONS OR CORRECTIONS Mr. Verbrugge stated there were no additions or corrections to the Agenda. DISCUSSION 2.A. FTTH /Rudder Cable Transfer City Adminisuator Verbrugge stated the staff report was straight forward. Last summer the City was notified about F'ITH being acquired by the Rudder Group. At a work session last November the City Council discussed whether or not to invoke the right of first refusal per the terms of the franchise. The City Council voted against it and in December a resolution was passed stating the City would waive the right. The City has been waiting for communication from F 1 1H and Rudder about the transfer of the franchise. He stated that Rudder is working on a build out proposal for the system. The City will need to provide approvals as Rudder goes through the State and PUC processes. He stated Rudder representatives were in attendance to explain the build out intent, the process with the negations, the transfer applications and to answer additional questions going forward. Randy Mortenson presented a slide show explain Mg the history, overview of present service offerings, the process since April 2006, the current status, We proposed overbuild and the associated completion timeline. Mr. Mortenson also spoke of the non compliance issues related to the CUP and the current franchise violations. He explained the four phases for Rosemount. Carl Turner stated that phase 1 would occur in 2008; phase 2 in 2009 and phase 3 in 2010. Kevin Cahill stated that with the new development in the east are of Rosemount it was more cost effective to do phase 1 now. Mr. Verbrugge spoke of the planning proposal at Akron Avenue. Mr. Turner stated a joint trench would be included as part of the development. Mayor Droste questioned how Rudder would handle new development in different locations. Mr. Cahill stated Rudder would be there to get the trunks installed and any serviceable drops. Mr. Mortenson added that they were committed to the over build and would be unable to access the funding without the ownership change approval. Council Member Baxter questioned overbuilding and the use of fiber. Mr. Mortenson stated that Rudder would put fiber in the ground where cable and phone lines already exist. The system would then be on fiber versus copper. Mr. Turner stated with the fiber homeowners could have high definition channels, high speed interact and IP Video. Mayor Droste added that once you have fiber to the home there would be unlimited capabilities. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 12, 2007 Mr. Verbrugge questioned the build out proposal and how Rudder proposed to connect the trunk system. Mr. Cahill spoke of the design at Shannon Parkway, Connemara, 145h Street and the spurs into Highway 3. Mr. Verbrugge also questioned the consumer cost to hook up once the fiber is in the Right -of -Way in front of a house. Mr. Cahill stated it would include a standard service call to get the resident service. The burden is on Rudder. Two boxes would be included and residents would pay for any addition. Mr. Cahill said there would be different packaging options. Mayor Droste questioned the investment for phase 1. Mr. Mortenson stated it would depend upon the number of drops to the homes and the rate of deployment. He estimated the investment would be one to two trillion dollars. Mr. Verbrugge pointed out that the previous agreement stated the urban area would be completed in 2008 and now it is 2010. As part of the transfer the City will have certain stipulations to negotiate into the franchise. He wanted to identify an acceptable performance schedule. He added that the biggest issue to tackle will be the transfer through renegotiations. Mayor Droste questioned the cost for the full build out. Mr. Mortenson anticipated the costs would be less over time versus in 2008. He projected anywhere from six to nine million and a 30" 0 penetration. Mr. Cahill pointed out it would cost $2,000 to $2,500 to hook up each home. Mr. Verbrugge stated that rural residential areas would have to be evaluated as part of the franchise negotiations. Council Member Shoe- Corrigan worried about leading rural residential residents on if the service would not be feasible. Mr. Verbrugge stated the terms would need to be negotiated with Rudder that would become part of the transfer. Ms. Shoe Corrigan stated she had no problem with the transfer but she had issues with the tines. Mr. Verbrugge stated there has been a difference in opinion on the violations. He proposed in recognition of the fact to keep moving forward to stop the violation fees in advance retro August 15 Mr. Mortenson stated his desire to recoup all of the $31,200. He wanted to negotiate the fine or wanted the money to go towards parks to create good will. He stated he wanted the opportunity to calk through the issues with staff. Council Member Baxter stated he did not know enough about he fines. N r. Verbrugge stated Rudder would be allowed a hearing before the City Council. He explained the violations against Rudder. Rudder's Attorney Mr. Lindquist stated there was a commitment to work together. He noted that Rudder wants to go forward and generate a good working relationship with the City to install fiber. Council Member Shoe- Corrigan agreed that the process needs to move forward and was pleased with the commitment. She stated that as a business owner acquiring a new company Rudder should've been reviewing the contracts that I"TTH had in place. As a good business owner, $32,000 would be a small price to pay. Mr. Mortenson stated he appreciated the comments but still disputed We calculations. Council Member Shoe Corrigan stated she trusted staff to make decisions regarding the violations. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 12, 2007 Council Member DeBettignies questioned when Rudder would receive their PUC approval. Mr. Mortenson stated it would be granted at the next PUC meeting. Council Member Baxter agreed with Council Member Shoe Corrigan that staff was equipped to figure out the fines and to negotiate the issues. He stated if the project was moving forward he would Like to see benchmarks in logical intervals so the City Council would be aware of the progress. Mr. Verbrugge spoke of Rudder's presence in Rosemount as a business in the future. Mayor Droste wished Rudder the best of luck moving forward and thanked the representatives for their tune. 2.B. Highway 3 Pedestrian Crossings Director of Parks and Recreation Schultz stated staff researched opportunities for an underpass or overpass pedestrian crossing. He summarized the staff report and relayed the Parks Commission's view of the project. Council Member Shoe Corrigan spoke of connecting the library to central park to Core Block East. Mr. Schultz stated those areas may have been discussed but were not part of the WSB study. City Administrator Verbrugge stated the City could promote walk ability in the Downtown as development occurs. The stretch of road is a 30 mile zone with half the width compared to Connemara Trail. Mayor Droste pointed out the traffic isn't as busy on Highway 3 as Cedar Avenue. He suggested increasing the number of crosswalks and delayed lights. Council Member Shoe- Corrigan stated she would rather see trails. Council Member Sterner questioned installing a basic pedestrian bridge. It would be hard to meet ADA requirements. The Parks Commission will be exploring sites in Rosemount where pedestrian crossings could be used. Project Engineer Dawlev stated the feasibility report would still be available for future use. The Gui' Council directed staff to stop pursing any additional work on the item. 2.C. Brazil Avenue Improvements Director of Parks and Recreation Schultz stated that staff was in the process of finalizing the plans for the interpretive corridor segment. He summarized the staff report and requested further discussion on possible improvements to Brazil Avenue. Mayor Droste stated it made sense to pave the road but not to build in curb and gutter. Mt. Schultz explained the different setbacks for the trail if curb and gutter was not used. Mayor Droste stated it would be expensive to do curb and gutter. Mayor Droste and Council Member Baxter agreed that the road should be updated. Council Member Sterner agreed with the updating but did not want the trail, curb or gutter expenses to come out of park funds. Mayor Droste did not want to create additional stormwarer and suggested a moderate upgrade with black top. ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 12, 2007 2.D. Akron Avenue Trunk Sanitary Sewer Project Engineer Dawley stated that staff was proposing to review the extension of the trunk sanitary sewer line near Akron Avenue to Bonaire Path. Council Member Sterner questioned if the review would include the northern portion of Rosemount. Mr. Dawley replied that the area included would be just north of Bonaire Path. He pointed out the Proposed Trunk Sanitary Sewer location on a map City Administrator Verbrugge spoke of leap frog development. He stated this case did not meet that test as it was well expected that the areas north of County Road 42 would develop. Extension of the sanitary sewer allows development to radiate from existing developed areas rather than going only south to north. He thought the sewer extension would allow property owners to develop sooner rather than waiting for Arcon to develop. Mayor Droste's understanding was that the line would come across the Arcon development. Ms. Lindquist responded that the interceptor north of County Road 42 typically would go through Arcon but that changed due to the northern area of the property not being developed by Centex at this time. Centex has pulled out of the Arcon project so all development will occur in the southern portion of the project, where US Homes is proposing to construct multi family units.. Mr. Dawley added that the area of right -of -way for the sewer alignment for consideradon is located on the east side of Akron Avenue. Council Member Shoe Corrigan stated it would be a benefit to get sewer and water to the athletic complex. Ms. Lindquist addressed policy issues with allowing property owners to have the ability to develop without waiting for Arcon to develop. Mayor Droste questioned if the Arcon project was still moving forward. Senior Planner Zweber stated the project received Planning Commission approval on September 1 1. He noted that the development would only occur south of Connemara Trail. Ms. Lindquist stated that the project was an upfront cost for the City but that the costs would generally be recouped. Mr. Dawley stated the authorization for the study would be requested at the September 18 meeting. 2.E. Liquor Ordinance Update Community Development Director Lindquist stated staff has received inquires from liquor license holders about adding a deck or patio to their premises. The criteria for adding a deck or patio is not in ordinance form and it would make sense to have specific conditions for a patio in the ordinance. The Freedom to Breathe act did not include any restrictions on the outdoor areas of buildings. She stated the City could unpose regulations that were more restrictive than State law for the outdoor areas. Council Member DeBettignies thought it made sense to add the patio regulations to the ordinance. He did not want to mess with the distance that smoking can occur from a building. Council Member Shoe Corrigan questioned the option of having a bar on the patio similar to Major's in Apple Valley. Ms. Lindquist stated that option could be determined on a case by case basis. ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 12, 2007 Mayor Droste stated that from a marketing standpoint he agreed that the City should not tweak the smoking distance. He did not want to micromanage outdoor smoking unless it would become a state issue. Council Member Baxter stated that condition 6 found in the memo should be more specific. He also questioned safety issues if patios or decks are located neat parking lots. He requested that the only access to the patios be through the inside of the building. Council Member Baxter also wanted the fencing to look decent. Ms. Lindquist stated the aesthetics of the fencing would be part of the zoning code. Mayor Droste suggested that new buildings should not have patios in parking lots. Ms. Lindquist cautioned that condition as it is unknown where new businesses may locate. Council Member Sterner was the only member to favor adding additional smoking regulations. Council Member Shoe Corrigan requested that a sidewalk buffer zone be located between the parking lot and the patio fencing. Ms. Lindquist stated the update would only be to the City Code Liquor Regulations. An update to the zoning code would be a longer process. F. Welcome to Rosemount Signs Cotninunity Development Director Lindquist summarized the staff report. She requested direction and feedback for the location, design and context of the new signs. Mayor Droste questioned the need for a sign at County 42 and 145t Street West. Ms. Lindquist stated that the City owns that property and it could serve as welcome to Downtown sign. The City Council was in agreement not to include the sign. Mayor Droste also questioned the placement of a sign at the eastern edge of Rosemount. The majority of the City Council favored a sign at Highway 55 and Fisher. Discussion ensued regarding the design and ncontent of the sign. It was decided the wording would stay simple. Staff preferred the type of sign used in Woodbury. NIayor Droste stated it would be nice to have a limestone base. Council Member Sterner requested that the signs be lit. UPDATES A. Right -of -Way Ordinance City Adieu istrator Verbrugge stated the ordinance was on a previous agenda. At that time, Council Members were directed to contact the City Engineer with any comments or questions. Mr. Verbrugge stared that Mr. Brotzler did not receive any comments. Project Engineer Dawley provided a quick overview of the proposed ordinance. The City Council was comfortable with the ordinance as proposed. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 12, 2007 B. 2007 -2008 Employee Wellness Program Assistant City Administrator Foster stated that wellness programs are becoming more expected at the work pLzce. She explained the proposed 2007 -2008 Health and Wellness Activities. the City Council thought it was a great program. Council Member Baxter asked who administers the incentives and that the identity of those who chose not to participate should be protected. Some members of the City Council expressed interest in participating in the program. ADDITIONAL UPDATES Community Development Director Lindquist reminded the City Council of the groundbreaking for the new library at 4:00 on September 13. She stated a ribbon cutting ceremony would follow at Butterfly Life at 4:30 p.m. Community Development Director stated that Mr. Chadwick would like to install an asphalt plant on his property as part of an IUP. She stated it would require a change to the ordinance and pointed out problems that could occur if development would occur in the area. She stated the IL'P could end when development was within a certain distance of the plant. The City Council was not enthusiastic about the idea and shared concerns about future development. Community Development Director Lindquist stated that Stylish Transformations has requested to hold a garage sale. ishShe added that Stylish Transformations leases space at the Genz Ryan site. The City Council agreed it was fine to hold a garage sale at the site. City Administrator Verbrugge stated he and Assistant City Administrator Foster will be meeting with the high school art department. Staff is hoping to have the art department paint a mural on the westwest side of the public works garage. The City Council requested to see the design proposed before any painting occurred. They also would support the project monetarily for the purchase of supplies. City Administrator Verbrugge reviewed the October meeting schedule. He suggested holding the work session on October 3. The City Council agreed to the change in the schedule. City Administrator Verbrugge stated the watershed had a misunderstanding on the commitment for reimbursing the City related to the Lebanon Hills Regional Park stormwater. He stated the watershed will try to have a solution to change the City's participation level. The SPA would be revised to reflect the change so the project could continue. City Administrator Verbrugge provided an update on UMore. The steering committee interviewed three development firm finalists. Council Member Shoe Corrigan suggested having a Wall of Discovery feature at the library. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 12, 2007 ADJOURNMENT There being no further business to come before the City Council, the meeting was unanimously adjourned at 9:56 p.m. Respectfully Submitted, Amy Domeier City Clerk 1 1 Motion by Droste. Second by Sterner. Motion to adopt the Agenda. Ayes: 5. Nays: 0. Motion carried. Motion by Sterner. Second by Shoe Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 18, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday. September 18, 2007, 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, Conununity Development Director Lindquist, City Engineer Brotzler, Chief of Police Kalstabakken, Director of Parks and Recreation Schultz, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated there were no addition or correction but pulled items 6.c., j., and k. from the Consent Agenda for further discussion. PUBLIC COMMENT Linda Hines, 13710 Atrium, Rosemount, stated she received a letter from Public Works about the ongoing well house issue next to her building. Ms. Hines did not have any issues with building a well house instead she had questions related to the content of the letter. She stated she had trouble contacting staff in Public Works. Ms. Hines stated she was not in attendance to stop the project. Mayor Droste stated the City Engineer was in attendance and would contact Ms. Hines. CONSENT AGENDA Mayor Droste stared that items c., j., and k. were previously pulled for discussion. He also pulled item d. for discussion. Motion to approve the Consent Agenda a., b., e., f., g., h., and i. and to reiterate pulling items c., d., j. and k. a. Minutes of the August 21, 2007 City Council Proceedings b. Bills Listing e. Change Order #1- Bacardi Tower Driveway, City Project #355 f. Change Order #4 -01d County Road 38/132 Court \Vest Street and Utility Improvements, City Project 4387 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 18, 2007 g. Change Order #1 2007 Street Improvements Project, City Project #410 h. Authorize Feasibility Report Akron Avenue Trunk Sanitary Sewer (Resolution No. 2007 -84) i. Approval Final Payment for Fire Station No. 2 Contractors k. Roacmount Ar iia Lightb, Improvcmcnta Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.c. Resolution and Consent Order Imposing Civil Penalty on Apple American Limited Ptsp of MN, D /B /A Applebee's Neighborhood Grill Bar Chief of Police halstabakkcn stated that Applebee's signed the Consent Order. He added that Applebee's representatives were in attendance and desired to address the City Council. Randy Carmody, Director of Operations, appreciated the opportunity to address the City Council. He apologized for the failed compliance check stating there was no excuse for what happened. Applebee's took the violation seriously by ternunating two bartenders. Nir. Carmody fully expected to be penalized and to pay a fine but asked the City Council to reconsider the penalty of losing its liquor license. He stated the penalty would hurt innocent bartenders and servers that depend on the ups. He suggested doing community service. Council Member Shoe Corrigan was sympathetic on the impact of losing the license. She requested to see three nights worth of receipts to find out what the violation could cost Applebee's in sales. She also pointed out the serious effects of selling alcohol to minors. Council Member Baxter stated he was a big fan and regular customer of Applebee's. He was glad to hear that Applebee's took the violation seriously. He stated there have been multiple offenses before the City Council in the past three years he sen-ed and he found the first offense violations were not getting enough attention to make the violations stop. When violations are happetung for a second tune, the City needs to grab the establishment's attention. Motion by Shoe Corrigan. Second by Sterner. Motion to approve a resolution and consent order imposing civil penalty on Apple American Ltd Ptsp of MN, D /B /A Applebee's Neighborhood Grill Bar for a violation of the City's liquor license regulations. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution No. 2007 83) 6.d. Water Emergency and Conservation Plan Mayor Droste requested that City Engineer Brotzler provide an explanation of the plan. N1r. Brotzler stated state law requires municipalities to maintain the plan for their water production and distribution system. State law requires that the plans are updated every 10 years and submitted to the DNR. He stated the City's current plan was submitted in 1996. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 18, 2007 Mayor Droste provided population data from 1997 through 2006 and stated the increase in the City's water consumption. He pointed out the critical issues with water conservation. Council member DeBettignies questioned how often the alarms were going off. Mr. Brotzler stated they City did not have the same issues or challenges as in 2006. He added Well 14 and Water Tower 4 helped increase the elevated storage capacity. Council Member DeBettignies updated the public on a recently passed ordinance where the City would only water its property every third day. Mr. Brotzler stated that water conservation tips and the plan would be available on the City's website. Council Member Sterner questioned why Well 3 would be removed from service. Mr. Brotzler replied that Well 3 had aged and the electrical unit within the well was out of date and did not meet code. The well was not used in the past year and in the near future would be taken off line and capped. Motion by Droste. Second by Sterner. Motion to Approve the Water Emergency and Conservation Plan. Ayes: Droste, Stemer, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. 6.j. Trail Design Proposal Interpretive Trail Corridor Director of Parks and Recreation Schultz sununarized the staff report requesting an increase to the trail design proposal. He stated that the City had SEP grant funds to cover the increased cost of the design. Motion by Sterner. Second by Shoe- Corrigan. Motion to approve the increase to the Interpretive Trail Corridor Design proposal with \k5B from $12,000 to $19,000 and that the work be completed and billed on an hourly basis hi accordance with the general services contract between \VSB and the City of Rosemount. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. 6.k. Rosemount Arena Lighting Improvements City Administrator pulled the item for the benefit of those watching the meeting at home. He stated the effort to focus on energy efficiency at the ice arena. The item was pulled because the City Attorney had concerns about the contract and whether the City had the authority to enter into a lending agreement. If the project moved forward potential operating funds may be used. 1 g. h. i. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 18, 2007 Change Order #1 2007 Street Improvements Project, City Project #410 Authorize Feasibility Report Akron Avenue Trunk Sanitary Sewer (Resolution No. 2007 -84) Approval Final Payment for Fire Station No. 2 Contractors Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.c. Resolution and Consent Order Imposing Civil Penalty on Apple American Limited Ptsp of MN, D /B /A Applebee's Neighborhood Grill Bar Chief of Police Kalstabakken stated that Applebee's signed the Consent Order. He added that Applebee's representatives were in attendance and desired to address the City Council. Randy Carmody, Director of Operations, appreciated the opportunity to address the City Council. He apologized for the failed compliance check stating there was no excuse for what happened. Applebee's took the violation seriously by terminating two bartenders. Mr. Carmody fully expected to be penalized and to pay a fine but asked the City Council to reconsider the penalty of losing its liquor license. He stated the penalty would hurt innocent bartenders and servers that depend on the tips. He suggested doing community service. Council Member Shoe- Corrigan was sympathetic on the impact of losing the license. She requested to see three nights worth of receipts to find out what the violation could cost Applebee's in sales. She also pointed out the serious effects of selling alcohol to minors. Council Member Baxter stated he was a big fan and regular customer of Applebee's. He was glad to hear that Applebee's took the violation seriously. He stated there have been multiple offenses before the City Council in the past three years he served and he found the first offense violations were not getting enough attention to make the violations stop. When violations are happening for a second time, die City needs to grab the establishment's attention. Motion by Shoe Corrigan. Second by Sterner. Motion to approve a resolution and consent order imposing civil penalty on Apple American Ltd Ptsp of MN, D/B/A Applebee's Neighborhood Grill Bar for a violation of the City's liquor license regulations. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution No. 2007 83) 6.d. Water Emergency and Conservation Plan Mayor Droste requested that City Engineer Brotzler provide an explanation of the plan. Mt. Brotzler stated state law requires municipalities to maintain the plan for their water production and distribution system. State law requires that the plans are updated every 10 years and submitted to the DNR. He stated the City's current plan was submitted in 1996. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 18, 2007 Mr Schultz provided information on the unique lighting circumstances at the arena and the greening options of the project. Council Member DeBettignies stated any program that would save the City money was a plus. Mr. Verbrugge stated a motion was not necessary. Council Member Sterner suggested passing a motion that authorized staff to proceed with the maintenance upgrades. Motion by Sterner. Second by DeBettignies. Motion to authorize staff to execute the necessary contracts with Premier Lighting and the Center for Energy and the Environment to provide the lighting improvements as outlined in the attached proposal. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Stemer Nays: None. Motion carried. ANNOUCEMENTS Mayor Droste reviewed the scheduled of upcoming meetings. The next regularly scheduled City Council meeting will be held on October 2, 2007. Amy Domeier City Clerk ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 8:09 p.m. Second by Sterner. Respectfully Submitted, 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount Cite Council was duly held on Tuesday, October 2, 2007, 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 Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, City Engineer, Project Engbeer Dawley, Director of Parks and Recreation Schultz, Finance Director May, Senior Planner Zweber and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS Mr. Verbrugge stated additional information was provided for items 7.a. Assessment Hearing Old County Road 38/132 Court \Vest Street and Utility Improvements, City Project #387; 8.a. Accept Bids and Award Sale G.O. Water Revenue Bonds, Series 2007A; 8.b. Accept Bids and Award Sale G.O. Equipment Certificates of Indebtedness, Series 2007B; and 9.a. Prestwick Place (Arcon Development) Preliminary Plat, Rezoning, and Planned Unit Development Master Development Plan. Motion by Droste. Second by Sterner ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 Motion to adopt the Agenda with the additional information provided. Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA Mayor Droste pulled item 6.h. 2008 2012 Dakota County C.I.P. for further discussion. Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda items a. -g. and 1., j., k. a. Minutes of the September 4, 2007 City Council Proceedings b. Bills Listing c. Budget Amendments (Resolution No. 2007 85) d. Receive Donation Parks Recreation Dept. e. Tax Forfeited Property Shannon Pond South Outlot D (Resolution No. 2007- 86) f. 1" Reading Right -of -Way Ordinance g. Authorize Preparation of Feasibiliro Report 2008 Street Improvements Project, City Project #418 (Resolution No. 2007 -87) h. 2008 2012 Dakota COMM' C.I.P. i. Payment #14 Final Bacardi Tower, City Project #355 j. Declare Surplus Property k. Approve Joint Powers Agreement with River Watershed Joint Powers Board Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 1 Motion by Droste. Second by Sterner. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2007 88) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 6.h. 2008 -2012 Dakota County C.I.P. Mayor Droste asked City Engineer Brotzler to highlight the major projects Rosemount has requested for inclusion in the Dakota County 2008 -2012 Transportation CIP. Mr. Brotzler provided overview of the important projects included in the request to Dakota County: 1) Right turn lane on eastbound State County Aid Highway (CSAH) 38 and by -pass lane on westbound CSAH 38 at the intersection with Shannon Parkway; 2) funding for the reconstruction of County Road 73 from CSAH 42 to Bonaire Path be moved from 2008 to 2009; 3) reconstruction of County Road 73 (Akron Avenue) from Bonaire Path to the north corporate limits be moved in Dakota County's CIP for design in 2009 and construction in 2010; 4) continued support of the CSAH 42/TH 52 Interchange project and Dakota County's effort to secure additional project funding; and 5) funding be identified for the construction of a bituminous pathway on the east side of CSAH 33. Mayor Droste thanked Mr. Brotzler for the summary. Motion to Adopt a Resolution Supporting the Dakota County 2007 -2011 Transportation Capital Improvement Program. PUBLIC HEARINGS 7.a. Assessment Hearing Old County Road 381132"' Court West Street and Utility Improvements, City Project #387 City Engineer Brotzler provided background of the project beginning in 2004. Mr. Brotzler stated there was a revised resolution and assessment roll for consideration as the proposed resolution and assessment roll contained a typographical error. Mr. Brotzler stated that at the public informational meeting held in August a large number of residents attended. The proposed assessments were available that remain unchanged. He noted that written objects were received from CPDC, George Novacek, Richard Lamotte, Kevin Mueller and John and Karen Gillespie. A letter with comments related to the project was also received from Ramona Meers. Mr. Brotzler stated that a number of the properties along the project due to the and ag zoning are in green acre status. The assessment would be automatically deferred until the property comes out of green acre status. The interest will accrue on the principal balance. Mr. Brotzler indicated he had conversations with Dakota County on what property owners should do if they did not want their assessment deferred. He was told that property owners need to contact Rosanna Byers at Dakota County if they are in green acre status and do not wish to have their assessment deferred. Mr. Brotzler also provided an overview of the project including the costs and the funding of the assessments. The improvements included Bonaire Path from Highway 3 to County 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 Road 73 and improvements to 132n Court. He added that for the assessment hearing, information was provided in the notice on how to file and objection and how to move forward with an appeal for the assessment. He stated that once the written objection is submitted, property owners would have 30 days to file the objection with Dakota County to begin the formal appeal of the assessment. City Attorney Tietjen stated the written objections must be provided at the hearing. Mayor Droste opened the public hearing. Richard LaMotre, 2318 Bonaire Path, Rosemount, stated all the grief he endured from the project. He moved to Rosemount because he thought it would be a really cool town to live in and wanted the space. He stated the stress caused when NSP went 120 feet onto his property, the damage done to his driveway and that two of his cars were destroyed on the road. He stated his frustration with haying to pay for the assessments before he could sell his house. He stated he could not afford to live in Rosemount nor could he drink the well water. He added that no one is fixing the stuff that has been wrecked. He was also frustrated about pacing for a bike trail he would not use. He stated a lot of people would lose their homes over the assessments. Mayor Droste requested that Mr. Brotzler follow -up on the NSP easement issues. Mr. Brotzler stated he would follow -up to resolve any outstanding issues. Council Member Shoe- Corrigan requested that they look into the damage done to Mr. LaMotte's cars and the tearing up of his driveway. Reid Hanson represented George and Judy Novacek who filed an objection to their assessment. Mr. Hanson thought the $54,000 assessment was out of line. He stated the Novacek's assessment was not calculated correctly because the Novacek's could not develop into more than a single family residence without a road. Motion by Droste. Second by Baxter. Motion to close the public hearing. Ayes: 5 Nays: 0. Motion carried. Council Member Baxter questioned the assessments for properties 21, 22, 23 and 24. Mr. Brotzler stated per unit assessments were based upon the front footage times the front foot rate and divided by four totaling $43,699. He added that while the properties had different configurations they were all relatively the same size. Council Member Baxter questioned if right -of -way was purchased from all four property owners. Mr. Brotzlcr responded that right -of -way was only purchased from properties 20 and 21. He did not have the purchase prices at his disposal. Mayor Droste questioned how the easement purchases were calculated. Mr. Brotzler replied that the easements were paid per square foot per acre based upon the negotiated land values 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 at that time The road easement costs were calculated by the total amount of compensation minus street CIP funding for road easement acquisition divided by the total front footage, resulting in a front foot rate of $73.10. Council Member Baxter stated he had known Jack and Karen Gillespie for years and struggled with somebody being assessed equally for having frontage and getting compensated for right -of -way. Mr. Brotzler replied that the matter was discussed with the City Attorney as to how the assessment should be calculated to ensure integrity of the proposed assessments. The two properties that do not have frontage and were assessed for road right -of -way as part of a project was a cost similar to any other project. City Attorney Tietjen stated the attorney Mr. Brotzler had the discussions with was not present. She added if the process for determining the assessments was being called into discussion they could go back and revisit it for inequities and how the rates were determined. Mayor Droste commented that property owners lost utilization to a section of their property where interior lots did not lose anything. That should be distributed to the other two Tots because die lots now have conditions on them. Council Member Baxter did not disagree that the LaMotte and Fritz properties gave up something but stated they also gained more. He questioned if there was increase in value. Mr. Brotzler stated there was an increase. Council Member Baxter stated the costs should not be divided equally. Mr. Brotzler responded that only two properties do not have frontage. The premise was if the road was rhea access they would receive the same benefit for existing or future use. Mayor Droste questioned if the resolution would adopt the assessments except for the five properties that filed objections. Mr. Brotzler stated the process would he to adopt all the assessments. City Administrator Verbrugge stated since the project was City undated the voting threshold was 4/5 votes. Council Member Sterner questioned what would happen if the resolution was not adopted. He also asked if a resolution could be adopted excluding the properties in questioned. Mr. Brotzler stated if the resolution was not adopted he would need direction on the requested modifications to bring back for approval. He stated the City Council could adopt the assessments excluding properties but stated the challenge that any modifications to one or more properties could have an effect on the other properties final assessment amounts. If the modifications showed a decrease the amounts would become a cost to the City. Mayor Droste questioned the appeal process and what would happen to the 30 day timeframe. City Attorney Tietjen stated the resident has 30 days to serve the notice of appeal on the Mayor or City Clerk. Residents have 10 days to file it in the Dakota County District Court to start the appeal process. She clarified that the 30 days begins from the adopted date of the assessment roll. Motion by Shoe- Corrigan. Second by DeBettignies. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 Motion to Adopt a Resolution Adopting the Assessment Roll for the Old County Road 38/132" Court West Street and Utility Improvements, City Project #387. Council Member DeBettignies stated that the resolution adopted should be the corrected resolution that was distributed. Council Member Shoe Corrigan agreed. Ayes: Droste, DeBettignies, Shoe Corrigan Nays: Sterner, Baxter. Motion failed. City Attorney Tietjen stated the City Council should provide direction to staff regarding modifications to the assessment roll. Council Member Sterner requested further discussion at a work session to find the right numbers. Council Member Baxter stated a work session was not needed. He wanted a professional to tell him the benefit to the four properties was equal to all properties. Council Member Shoe- Corrigan requested that any other properties considered single family rural residential but guided for R -1 should be evaluated to figure out the potential values. She wanted the assessments to be equitable to all those properties. City Administrator Verbrugge questioned the notification process. City Attorney Tietjen stated it should be discussed whether the public hearing needs to be continued if modifications would be made to the assessment roll. She did not know how it would affect the project but the Cinv would need to go through the notification process again. A revision to the assessment roll would require the public hearing to be opened again. Mr. Verbrugge stated that if only a select handful would receive a revised assessment the City would notify those property owners. However, if the revisions would have a cumulative effect then all properties owners would receive notice. Mr. Verbrugge stated it was an option to make a motion excluding the four parcels in question. The only issue would be if the assessments were reduced the cost could not be spread to the other properties. Council Member Shoe Corrigan wanted more information about which properties were single family parcels and which could develop. She wanted to look at all properties that could redevelop and make a decision that would be fair. Mr. Brotzler stated the Novacek parcel could be added to the four properties in question for further discussion. He noted it was a six acre parcel and that staff has had numerous conversations with the property owner and potential developers about the site. He added that access to the site had been an issue and staff did not say it could not be subdivided. Mayor Droste stated anyone could develop depending upon how the properties were assembled. Council Member Shoe Corrigan stated it should be decided what benefit is available to some properties in order to justify the assessments. Council Member DeBettignies questioned if the objections would be null and void. Mr. Brotzler stated the objections would still be valid if the assessments were adopted in the next three weeks. Council Member Shoe- Corrigan preferred to adopt all the assessments at one time. 1 1 Motion by DeBettignies. Second by Sterner Motion to move to a work session for discussion. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 Mr. Verbrugge suggested that the work session be held after the regular meeting on October 16. Mr. Brotzler stated that notices would not be sent about the work session. He added that pending the outcome and date it would come back before City Council the notices would be sent as a courtesy even if a public hearing was not required. Council Member Baxter requested that a notice be sent to all that objected their assessments and spoke at the public hearing. Ayes: Sterner, Baxter, DeBettignies, Shoe- Corrigan, Droste Nays: None. Motion carried. 8.a. Accept Bids and Award Sale G.O. Water Revenue Bonds, Series 2007A and 8.b. Accept Bids and Award Sale G.O. Equipment Certificates of Indebtedness, Series 2007B Finance Director May introduced Terri Heaton with Springsted. Ms. Heaton provided reconunendations for items 8.a. and 8.b. for the issuance of the bonds. She provided background on the sale of the bonds and explained the bid ranges. The news was very good for Rosemount based upon the market and the timing was good for the bond sale. Ms. Heaton was excited to announce the Moody's upgraded bond rating for Rosemount. The bond rating for Rosemount was upgraded to Aa3. She stated the credit upgrade was due to the rapidly growing tax base and well managed financial operations. She congratulated the hard work of Mr. May and City Administrator Verbrugge and recommended going with the low bids. Mr. Verbrugge thanked Ms. Heaton and the Springsted staff for their hard work and being responsive to the City's request. He added it was a significant accomplishment to the cotrununity and a benefit to taxpayers. He also stated.that the City Council needs to take credit for their hard work on long term financial planning. Motion by DeBettignies. Second by Sterner. Motion to adopt a Resolution Accepting Offer on Sale of $1,210,000 General Obligation Water Revenue Bonds, Series 2007A and Providing for their Issuance. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. Motion by DeBettignies. Second by Sterner. Motion to adopt of Resolution Accepting offer on the Sale of $450,000 General Obligation Equipment Certificates of Indebtedness, Series 2007B, Providing for their Issuance and Levying a Tax for the Payment thereof. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. Mayor Droste thanked Ms. Heaton, Mr. May, Mr. Verbrugge and City staff for working so diligently on the City's long term financial planning. 9.a. Prestwick Place (Arcon Development) Preliminary Plat, Rezoning, and Planned Unit Development Master Development Plan. Senior Planner Zweber provided a summary of the staff report. Arcon Development proposed a 290 acre nixed use development on the northwest and northeast corners of County Road 42 and Akron Avenue. The property northwest of the intersection is bounded by the Union Pacific rail line to the north, the Bloomfield neighborhood to the west, County Road 42 to the south, and Akron Avenue to the east. He stated proposed project included approximately 50 acres of cotntnercial, 90 acres of residential, and about 130 acres would be platted as outlots for future residential developments. He explained the residential density, Lennar project, CDA project, the City Park, commercial area, rezotung, street system and stormwater management. Mr. Zweber stated that Arcon submitted a final plat that would divide the property into outlots for the ownership of individual builders or organizations. The outlot final plat would not create any buildable lots and would not require a subdivision agreement but would allow for the recording of the master development plan planned unit development agreement. Council Member DeBettignies questioned if the zoning was consistent with the 42/52 study. Mr. Zweber replied that high density would be located on the east side of Akron Avenue, but is otherwise consistent. Council Member DeBettignies also questioned if the commercial land would be included in the PhD. Mr. Zweber stated that staff would include what was expected in the PUD in addition to ordinance standards. The PUD would allow for flexibility to market numerous entities. Council Member Baxter questioned the process for approving the commercial. Mr. Zweber stated that the applicant would need to receive the PUD Final Development Plan approval. They would come back with the layout that showed uses consistent with the guidelines. The City Council would have final approval on the detailed elevations, Layout and landscaping. Council Membet DeBettignies questioned the access for the proposed parks. City Engineer Brotzler stated that Connemara Trail would be a four lane collector road and that the City does not advocate for private driveway access but only public city street intersections on collector streets. Council Member Shoe Corrigan expressed concern with people parking on Connemara Trail instead of going through the neighborhood. She also questioned if the easement going through the park and park dedication. Director of Parks and Recreation Schultz stated parking would not be allowed on Connemara Trail. He stated the proposed parking at the park would be plenty to handle the 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 typical use of the park. He added there would be public parking allowed on Street No. 9 which would serve as overflow parking for special circumstances. Mr. Schultz stated the Park Commission recommended not providing dedication for the easement which was consistent with past practices. Staff looked at the easement differently as often times they are dealing with a gas pipeline. He stated the chances of the sewer pipe being dug up or worked on in the park were very limited. Rick Packer with Arcon Development was grateful to staff for being flexible in helping Arcon go through the process. Mr. Packer stated a lot of work and discussion went into the project and he appreciated the established relationship. Mr. Packer requested the preliminary plat resolution conditions four and five related to parks dedication reflect that the numbers should change. He also questioned if the parks dedication fee had to be paid up front. Even though the subdivision ordinance requires payment up front it would not work for Arcon to pay up front. He suggested making payments with each different addition. Mr. Packer also addressed the conservation easement over the ponds. He stated they were not allowed to discharge any water from their site. He stated that Arcon was being asked to maintain the ponds. He suggested locating the pond next to the park and turning the pond over to the City to avoid creating an HOA for cleaning it. Mr. Packer stated the City should maintain the boulevard trees along the park frontage. He found it to make more sense than having a private entity maintaining trees on a public park. Mr. Packer stated his concerns with the front end costs for the roadways that would need to be built to initiate the first phase. He stated residents were burdened when paying for large roads. He wanted the City Council to address the inequities. Mr. Packer stated there was a lot of road to build for starting with 50 units. He also reinforced concerns about the front end costs of constructing Connemara Trail. Council Member DeBettignies questioned how many roads were public and private off of Connemara Trail. Mr. Packer responded the only road that was private were the driveways that serve the multi family units. Council Member DeBettigRies questioned if an HOA would be set up. Mr. Packar stated the multi-family would be part of an HOA but he was uncertain if the single family residences would be part of an HOA. Mayor Droste questioned the 118 mile road proposed on the east side of the Akron building. He stated that residents would not be able to turn left on County Road 42. Mr. Packer stated that for the first phase they would only build a section of Connemara and in phase two a section for Akron. Mayor Droste commended Mr. Packer for holding resident meetings in June to listen to their concerns and modifying the plan accordingly. Council Member Shoe- Corrigan stated that the goals of the PUD are for increased density and lower standards for the lot size. She added there should be a trade off for the relaxed 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 standards such as a large park. She questioned what the City would be gaining for allowing the big buildings and the density. Mr. Zweber stated the landscaping was above and beyond the zoning requirements. Council Member Shoe- Corrigan questioned if tot lots and gazebos were included. Mr. Zweber stated the commercial development provided space for large box retail. He stated the City carried additional restrictions in the commercial portion of the project to hold more control of that aspect. Council Member Shoe Corrigan stated she was looking specifically at the housing components which should include increased trees and shrubs. She stated the project was very dense and included little green space. She added it was not acceptable to have higher standards for the conunercial portion and lower standards for the residential area. Mr. Packer stated when Arcon purchased the property it was zoned for low density and the City chose to make it a dense area. Mr. Packer was asking for help in trying to make existing types of owner occupied housing more dense. He needed a product to market and didn't want a lot of aparmrent buildings or non -owner occupied buildings. Council Member Shoe Corrigan stated the development was dense and she was looking for tradeoffs for the relaxation of standards. She questioned what residents would get besides a tot lot and gazebo. She stated the residents need amenities such as open space, tennis courts, swim g pools and sidewalks. Mr. Packer responded that trails would be provided but they did not plan to include private pools, clubhouses or tennis courts. Council Member Shoe Corrigan questioned the architecture of the homes. Mr. Packer stated it was included in the packet. Mayor Droste cormnented that the architecture and layout was not much different from the row houses in Evermoor. Council Member Shoe Corrigan stated that Evermoor has amenities, open spaces and trails. Mayor Droste pointed out that the Outdoor Recreation Complex would be close to the project and there would be good connectivity through trails. Council Member Shoe- Corrigan again pointed out that with a PUD standards are relaxed and the residents deserve something in return. She could not support the dense development because she wanted it to be a unique and special place to live. She added that walking across the street to the DCTC or a mile to the Outdoor Recreation Complex was not right. Mr. Zweber displayed the proposed townhouse pictures and stated the designs exceed some other townhouse projects in Rosemount. Council Member Sterner inquired about the potential commercial tenants. Mr. Packer stated that right now there was no interest. City Administrator \'erbntgge questioned achy there was not interest. Mr. Packer replied it was due to the lack of rooftops in Rosemount and that the college was not a major draw. He added that UMore's development was a wildcard and there was a lot of buffer land in the area for the refinery. Mr. Verbrugge questioned the big box retailer issue and spoke of a continent received at an earlier Port Authority meeting about the reputation that Rosemount was not a good place to do business. Mr. Packer 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 stated that the cost of doing business in Rosemount was high especially the infrastructure costs. Mayor Droste requested that Mr. Schultz address the park dedication issues. Mr. Schultz stated the subdivision ordinance provides that the park dedication would take place with the fast addition of the final plat unless otherwise approved. He stated the park dedication could be negotiated between Mr. Packer and staff. He added that it could be addressed in the PUD _Agreement or a future subdivision agreement. Mr. Packer stated the project would not go any further if Arcon had to front end the cost and requested to pay as they go. He added that Arcon would dedicate the land with the first phase and would pay the fees as they go noting the rates may increase. The City Council had no concerns with allowing the developer to pay as they project went forward. Mayor Droste questioned if the holding pond next to the park would be turned over to the City after a certain period of time. Mr. Brotzler replied that besides the stormwater issue the concern with ponds is the aesthetics. Ponds that are established with a higher level of landscaping inevitably require a higher level of maintenance which the City is not staffed or equipped to maintain. The City's priority for maintenance of ponds is to ensure the function of the pond to treat and retain stormwater runoff. A conservation easement would preclude any activity occurring in the area. Mayor Droste questioned how to modify the design standards. Council Member Shoe Corrigan stated a creative approach would be to incorporate the small town feel. She wanted park benches along the trail to provide gathering places as a way for the residents to connect with the community. Mr. Packer stated the amenities that were included in the plan. Council Member Shoe Corrigan trusted Mr. Zweber to address her concerns that would not be cost prohibitive to the project. She wanted the developer to create a sense of cot ununity and to set a standard for the next development in Rosemount that is similar. Council Member DeBettignies questioned the maintenance of the boulevard trees. Mr. Brotzler replied at one point in time the City did not advocate planting trees in the boulevard because of the potential issues and costs associated with the maintenance. He stated a condition was placed that the trees must be owned and maintained by an HOA. Council Member DeBettignies suggested that trees not be panted in the boulevard. Council Member DeBettignies also stated he understood Council Member Shoe Corrigan's concerns with the project. He noted it was important to maintain a community within a community. Lee Johnson, representing Lennar Homes, stated the townhouse area would have a private path system, open play areas, a tot lot, picnic area, benches, sidewalks and pathways on both sides of the road, a major park at the east side of the road and entrance monwnents. He stated Lennar supplied the density requested by the City. He was willing to add a few more benches and sitting areas. He added that Lennar increased the landscaping dramatically by adding 30ri more landscaping and trees than required by ordinance. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 Mr. Zweber stated the project would come back to the City Council for approval of the fmal development plan. He stated approval tonight would not prohibit any changes at a future date. Council Member Shoe Corrigan wanted to have the discussions at the preliminary plat level because in her past experience it was harder to make the changes during the final plat stage. She wanted to spend the time on it now rather than later. Council Member Shoe Corrigan requested that all the spaces available should be considered as areas to create gatherings spots. Mr. Zweber stated that verbiage could be added to the resolution conveying her request. Mr. Johnson stated he understood that he needed to create a sense of community. Council Member Shoe- Corrigan stated neighborhood amenities should be added and to focus on the townhouse and apartment areas. Motion by Shoe Corrigan. Second by DeBettignies. Motion to adopt a Resolution approving the Preliminary Plat including the inclusion of Condition No. 20 for Prestwick Place. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. Motion by Shoe Corrigan. Second by Sterner. Motion to adopt a Resolution approving the Planned Unit Development (PUD) Master Development Plan with Rezoning for Prestwick Place. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. Motion by Shoe Corrigan. Second by Sterner. Motion to adopt an Ordinance B -191, an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Prestwick Place. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrgian Nays: None. Motion carried. Motion by Shoe Corrigan. Second by DeBettignies. Motion to adopt a Resolution authorizing the Summary Publication of Ordinance B- 191, an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Prestwick Place. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 2, 2007 ANNOUNCEMENTS Mayor Droste reviewed the scheduled of upcoming meetings. The next regularly scheduled City Council meeting will be held on October 16, 2007. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 11:40 p.m. Second by Sterner. Respectfully Submitted, Amy Domeier City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 3, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, October 3, 2007, at 6:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan and Sterner attending. Council Member Baxter arrived shortly thereafter. Staff members present were City _Administrator Verbrugge, Assistant City Administrator Foster, City Engineer Brotzler, Fire Chief Aker, Director of Parks and Recreation Schultz, Finance Director May, Operations Superintendent Cook, Senior Planner Zweber and City Clerk Domeier. 2.A. 2008 PRELIMINARY BUDGET City Administrator Verbrugge recapped the budget memo identifying the primary issues to be discussed. He stated discussion would focus around the undesignated funds and updated recommendations for staffing ui 2008. He explained a staffing situation and notified Council Members that a staff member would be sending a letter responding to a potential lay off. The staffing situation would be discussed again at the October 30 work session. Mayor Droste questioned the phasing of police officer luring in 2008 and 2009. Mr. Verbrugge responded that the City normally would budget for a half year in 2008 and pick up the other half in 2009. He stated it was proposed to take the bump up in 2008 when it would be easier to absorb the costs. Chief of Police Kalstabakken added the item would be approved for a full year but realistically an officer would not be lured and on board until April or May. Council Member Sterner suggested not hiring another police officer until 2010. Mr. Verbrugge responded it was practice to have one officer per even. 1,000 of population. Mr. Kalstabakken added that from an operational aspect the new officer could be used for drug enforcement, traffic or conununity outreach programs. He noted that delaying the Iuring was a difficult estimation to make and explained other police ratios in surrounding cities. Mr. Verbrugge stated the number of officers also allowed for flexibility in staffing. Council Member Shoe- Corrigan stated the one officer per every 1,000 of population was a policy always followed by the City. Finance Director May explained the projections. At the end of last year the fund balance was $4,280,516. He stated this year the City would have a surplus of revenues over expenditures. No potential encumbrances were added but compensated absences will go up this year as no employees left that would have drawn it down. Mr. May stated the preliminary budget was 10,590,000. The fund balance was at 52 /o. He added that City has gone below the 554.o in the past couple years which was expected with the drop in housing. He explained the fund balance and that $447,000 was added into the levy to maintain a flat tax rate in the general fund. If the money were transferred to the fund balance, the City would still be below 55%. Mr. Verbrugge stared that the undesignated $447,000 could be used for property acquisition on the cast side of Caine() Avenue. ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 3, 2007 City Engineer Brotzler stated when the City fust discussed using quiet zones it consisted of four crossings that needed improvements. At that time the project cost for a quiet zone was $250,000 to $500,000 a crossing. Two of the crossings at 160' and County Road 42 would meet the standards to be eligible for a quiet zone with the incorporation of improvements at 145' and Biscayne. He stated staff looked into making improvements at the 145` and Biscayne crossing to be eligible for quiet zones. It involved installing raised medians at Brazil Avenue. He stated that the Biscayne Avenue would more likely be a candidate for the installation of medians. He spoke of the impact the upgrade would have on the ISD 917 school and its driveways. Mayor Droste stated the City Council has been talking about installing quiet zones for a long time. He wanted to get the project done. Mr. Verbrugge stated the Street CIP could be used to fund the quiet zones. Mr. Brotzler st'tted the quiet zones could be incorporated into the Danbury Way project. He stated that project was the most expensive and had the largest City portion associated with it due to the necessary improvements. Council Member Sterner questioned funding the property acquisition for the car wash and house on the east side of Core Block East (CBE). Mr. Verbrugge anticipated that the Port Authority would use tax increment bonds. The specific amount programmed would cover the internal financing and restore the core funds but also cover the additional costs with acquiring the Ratzlaff property. He stated that would he covered as part of the bond issue through the TIF. Mr. May added that the City's current bonds are GO rated as well as new debt. He stated that TIF bonds do not have GO backing and were considered a riskier bond. Mr. May added that bonds were sold yesterday and the City will save $2,500 over five years. Mr. Verbrugge stated that Springsted performs a regular review of the City's outstanding debt for funding opportunities. Mr. May stated the City did not a lot of funding opportunities in the past. He explained equipment certificates and bonding. He looked at the 10 year CIP to project the levy of the CIP certificates versus the cost of the equipment. Mr. Verbrugge provided a handout showing the budget base forecast and cost of operations. He explained what the tax rates would be if a referendum were included. Mayor Droste stated that strong discussion about the Outdoor Recreation Complex and the reuse of the St. Joseph Church was needed. He also stated that the 21 acres of land owned by Chadwick did not appear to be needed. He did not want the additional expense. Council Member Sterner suggested that some clerical staffing positions could be meshed together. Mr. Verbrugge responded that the management would be tackling the staffing issues. He added that management was assembling an RFQ for the space needs study and suggested that the City also do staff projccuons as part of the study. Council Member Shoe Corrigan stated her preference was to use the pavement management funds for the quiet zones. She stated her next priority would be to acquire the property behind the St. Joseph Church for redevelop. Last on her list was the purchase of the 21 acres owned by Chadwick. ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 3, 2007 Mayor Droste stated that quiet zones were a quality of life issue. Council Members Baxter and DeBettignies also favored having the quiet zones installed. Mr. Brotzler stated the quiet zones could be incorporated into the feasibility report that was approved at the October 2 City Council meeting. He assumed that the City Council did not want to raise the median at 145' Street. Council Member Baxter pointed out that by doing the quiet zones there still is no obligation for the railroad not do to anything. Mayor Droste requested that staff use funding through the pavement management program. Council Member Shoe Corrigan stated she would like to see money go back into the fund balance before the purchase of the 21 acres owned by Chadwick. Council Member Sterner wanted to discuss paperless packets again. Mr. \'erbrugge stated that further discussion will be held on the priorities of the City Council. A special work session was scheduled for October 30. 2.B. OUTDOOR RECREATION COMPLEX PLANNING Director of Parks and Recreation Schultz explained the types of expenses that could be related to the project. He provided a preliminary master plan cost estimate handout to help the Council Members understand the layouts and costs of the fields. Based upon discussions he had with the designers he anticipated the cost estimates would be the saute value range. He added that the Parks and Recreation Committee recommended moving forward with a final master plan and detailed cost estimate for plan #2. Discussion ensued regarding the projected costs and layouts of the complex. Iylr. Schultz stated that the projected costs did not include the road improvements. Council Member Shoe Corrigan stared that if parking would become an issue tennis courts could be removed. She added if the tennis courts were removed she wanted to reinvest in other tennis courts in the City. Council Member Shoe Corrigan also requested that the fields at DCTC have lighting. Council Iylember Baxter suggested that the stakeholders should be in charge of funding lighting at the fields. Mayor Droste could not justify lighting fields for the youth baseball programs. Mr. Schultz stated that die fields would be used until September or October and some fields would be used for soccer. He stated that the women's fast pitch teams could use the youth fields. Council Member Shoe- Corrigan stated that the stakeholders could make the invesunent to provide the fighting. Mayor Droste requested that energy efficient lighting be included and that stormwater should be used for irrigating the fields. Council Member DeBettignies stated the possible greeting initiatives for the complex. He also questioned the lighting on the east side of the southeast soccer field. Mr. Schultz stated the difficulties with the high line power easement. Discussion took place regarding grading of the site. City Engineer Brotzler stated an option was to look at the porous pavement in the parking lot area and to use alternative stormwater techniques. He stated that a depressed island could manage stormwater runoff in the parking lot as an attempt to tnininize the ponding needs onsite. 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 3, 2007 Mr. Schultz questioned the amount of money to budget going forward. Council Member Baxter stated if the City were to bond for the complex the request should stay in the single digits. He suggested that the amount be six trillion dollars. He further stated that the City Council needs to be in agreement to do the referendum. A "Plan B' should be in place should the referendum fail. NIr. Schultz stated he would let the City Council know where the park dedication stands to use to bring down some of the costs. UPDATES 3.A. ST. JOSEPH'S FACILITY TASK FORCE UPDATE Director of Parks and Recreation Schultz provided a handout showing the evaluation criteria. He stated the task force was working towards creating a recommendation for the site stating the top two choices may be blended. He also touched on the reuse of the school. City Administrator Verbrugge stated that the site will be the first impression of Rosemount for travelers and that the reuse should become a landmark for the community. Council Member DeBettignies stated the future of the school would depend upon the ultimate use of the church. Mayor Droste questioned the capital cost. Mr. Schultz responded it was part of a feasibility study conducted in 2005. He added that part of the study included what types of costs could be associated depending upon the reuse. He also took operating costs from other facilities in the area. Discussion took place regarding the asbestos at the school. Mr. Verbrugge indicated that the school may need to be at the site past 2011. Council Member Baxter stated he had suggested to the task force to work for consensus on keeping or eliminating the school. He added that a cultural center may need more space then just the church. He stated if the school were eliminated something would need to be built to accommodate the long term use of the church. Mr. Schultz stated if the school remained that exterior improvements would compliment the church. He stated the focus of the group has been to find a reuse that would benefit the community and follow the downtown guidelines. Discussion ensued on the future of the school. Mayor Droste thought there should be a senior component. It was also suggested that if the school were torn done to bring a developer on board. AIr. Verbrugge noted that any change to the facility would require the City to be compliant with ADA standards. 3.B. PROPOSAL FOR COMMUNITY PROMOTIONAL WEB VIDEOS City Administrator Verbrugge summarized the staff report and provided a copy of the proposed contract. He pointed out that the web videos may be a good markedng opportunity and the issues with posting the link on the City's website. Mayor Droste stated the City should be more strategic and aggressive by using commercial brokers. Chairperson Baxter did not favor the promotional web videos. The City Council agreed that Alan Cox should put the videos together for the website instead of CGI. 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 3, 2007 SPECTRO ALLOY City Adnunistrator Verbrugge handed out a staff report with a map. Discussion took place regarding potential disposal violations occurring at the Spectro Alloy site. ADDITIONAL UPDATES City Engineer Brotzler stated that due to the 35W Bridge collapse the County Road 42 /Shannon Parkway project completion date has changed. A main contributor to the delay in the project was the ordering of the signal poles. The manufacturer's efforts have been geared towards the MNDot needs for signals at the bridge collapse area. He indicated that contractor will hold the bid prices and the project should be finished by next summer. Mt. Brotzler added that with the revisions to the Shannon Parkway intersection there has been a proposal to make the same changes at the Diamond Path intersection. The City Council authorized the work and would give the County authorization to do the project. Council Member Shoe Corrigan requested that a press release be sent out regarding the Shannon Parkway intersection work delay due to the bridge collapse. Director of Parks and Recreation Schultz stated that October 6 was clean up day for the City. The City would be collecting electronics at no additional cost. Discussion took place regarding the garbage enclosures in the Downtown area and other code compliance issues. Council Member Steiner also questioned the status of Endres and the Continental Nitrogen building. Senior Planner Zweber stated that Endres was in compliance and completed their parking lot expansion. He did not have any information to provide on Continental Nitrogen. Mr. Verbrugge stated a closed session would be needed to discuss the settlement proposal for the assessment project at Glenrosc. A second closed session would be held to discuss labor negotiations. Motion by Baxter. Second by Shoe Corrigan. Motion to convene to closed session. Ayes: 5 Nays: 0. Motion carried. The meeting was convened to closed session at 10:07 p.m. Respectfully Submitted, Any Domeier, City Clerk 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 16, 2007, 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 Baxter, DeBettignies and Sterner attending. Council Member Shoe Corrigan was absent. Staff members present included City Administrator \'erbrugge, Assistant Cin• Administrator Foster, Director of Parks and Recreation Schultz, Community Development Director Lindquist, City Engineer Brotzlcr, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator \'erbrugge stated there were no additions or corrections to the agenda. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda as stated. Ayes: 4. Nays: 0. Absent: Shoe Corrigan. Motion carried. PUBLIC COMMENT Myron Napper, 3381 145 Street \Vest, Rosemount, stated he did not appreciate City Administrator Verbrugge calling him the mayor of the east side of Rosemount at an event in August. Mayor Droste stated that Mr. Napper has attended many public meetings stating that he represents the east side of Rosemount. He added that it was unfortunate to hear the comment from Mr. Napper. DEPARTMENTAL REPORTS 5.a. Special Event Update Haunted Woods Trail Director of Parks and Recreation Schultz stated that Mike Bouchard would be the chairman for the Haunted Woods Trail. Mr. Bouchard stated it was the 25' anniversary of the event and extended an invitation for even to attend the event. He stated approximately 56 sponsors have contributed to the event and they expected about 2,500 people to go through the trail. Mayor Droste thanked Mr. Bouchard for coordinating the event and added that residents should contact Mr. Bouchard if they have any questions or were interested in hemg a volunteer. CONSENT AGENDA Council Member Sterner pulled item 6.d. Charitable Gambling Premise Permit Renewal for Baseball Association 191. Motion by Baxter. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 16, 2007 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 16, 2007 Motion to approve Consent Agenda items 6.a. through 6.c. and 6.e. through 6.g. a. Minutes of the September 12, 2007 City Council Work Session Proceedings b. Minutes of the September 18, 2007 City- Council Proceedings c. Bills Listing e. Final Payment Connemara Trail/Azalea Avenue Reconstruction, City Project #415 f. Glendalough 8' Addition Final Plat, 07 -34 -FP (Resolution 2007 -94) g. Rezoning of South Rose Park 3` Addition Property (Former Celadon Property), 07- 18 -PUD (Resolution 2007- 95) (Ordinance B -192) Ayes: DeBettignies, Droste, Siemer, Baxter Nays: None. Absent: Shoe- Corrgian. Motion carried. 6.d Charitable Gambling Premise Permit Renewal for Baseball Association 191 Council member Sterner questioned the amount of money that was staying in Rosemount. City Administrator Verbrugge responded that 80'1/4. of the profits are dispersed and returned to the service area. He stated that Baseball Association 191 (the "Association has been providing regular updates to staff on the allocation of the proceeds. In 2006 the Association distributed funds to the Rosemount High School for various programs and the Rosemount Parks and Recreation Department for the Easter egg hunt. He added that during the first six months of 2007 the Association again donated to the high school and the Parks and Recreation Department. Verbrugge had spoken with the gambling manager and reiterated that all organizations looking for charitable gambling proceeds should have an opportunity to be considered to receive funding. He stated that the Association has discontinued its pull tab sales at McDivot's and would only be selling at Shenanigan's Pub. He also stated that the Association was concerned about the effect the smoking ban would have on sales. Mr. Verbrugge stated that the Association is meeting the 80% threshold and the City Council could not reject a permit based upon where the profits are dispersed. Mayor Droste was concerned that the board for the Association did not include any Rosemount residents. He directed Mr. Verbrugge to send a letter to the Association requesting that a Rosemount resident be on the board and for all organizations to have fair and equal access to the available funding. Mr. Verbrugge stated that while he can recommend that a Rosemount resident should be on the board the City could not make it a requirement. Motion by Sterner. Second by Baxter. Motion to adopt the draft Resolution approving the Charitable Gambling Premise Permit Renewal for Baseball Association 191 at Shenanigan's Pub, 14605 South Robert Trail in Rosemount effective January 1, 2008 to December 31, 2009. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 16, 2007 Ayes: Droste, Sterner, Baxter, DeBettignies Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 -96) PUBLIC HEARINGS 7.a. Application for Off -Sale Liquor License, PCS Liquors, LLC, 3440 150 Street West City Clerk Domeier summarized the staff report. PCS Liquors, LLC d /b /a Rosemount Liquor Mart "PCS applied for a new off -sale liquor license at 3440 150 Street West. Ms. Domeier stated that PCS applied for a building permit to complete the build out of the former Movie Gallery building. PCS anticipated they would receive license approval from the State on October 17. She added that PCS would not be allowed to open until they obtained a Certificate of Occupancy from the City. Sean Schumacher, owner of Rosemount Liquor Mart, was excited to move into the former Movie Gallen location. He stated it was an opportunity to replace income lost since MGM moved to Rosemount. He added the new store would include a Larger selection of beer, liquor and wine. Mayor Droste opened the public hearing. Motion by Droste. Second by DeBettignies. Motion to close the public hearing. Ayes: 4 Nays: 0. Absent: Shoe Corrigan. Motion carried. Motion by DeBettignies. Second by Sterner. Motion to approve the off sale liquor license application for PCS Liquors, LLC for property located at 3440 150' Street West. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on November 7, 2007. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 7:54 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 16, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, October 16, 2007, at 8:08 p.m. in the Conference Room at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies and Sterner attending. Council Member Shoe Corrigan was absent. Staff members present were City Administrator Verbrugge, Assistant City Adnmmstrator Foster, City Engineer Brotzler, Community Development Director and City Clerk Domeier. DISCUSSION 2.A. DISCUSSION OF RENTAL HOUSING INSPECTION PROGRAM Community Director Lindquist stated the big issue tonight was to discuss whether to include a conduct provision in the ordinance. She stated that currently the City does not always know that owners are aware of the tenant's conduct. She added that Chief of Police Kalstabakken suggested making the conduct provision into a city wide ordinance because of the issues the Police Department has had with owner occupied properties. Council Member Sterner preferred having the conduct provision included. He also wanted language added about pit bulls, abuse of animals and illegal drug use. City Attorney LeFevere talked about the state law that applied to the conduct on rental premises that would apply whether or not it was included in the ordinance. The City prosecutor may take steps to notify the landlord of the offense that occurred and the process when three offenses occurred. He stated it was a defense to evicting a tenant that gave the landlord control. Mayor Droste questioned if offenses that occurred at an apartment would affect the number of offenses for the entire building. Ms. Lindquist replied that the offenses would be taken per address. City Administrator Verbrugge stated that for incidents at owner occupied properties the Police Department see the behavior and issues warnings or citations. The theory with the conduct provision for tenant property is there would be a heightened responsibility by the property owner when leasing units to make sure the property is well maintained and conforms to the neighborhood standards. He added the intent was to inspect on a per unit basis noting it was typical to have the conduct provision included in area metro cities. Ms. Lindquist stated that based upon her conversations with the Police Department there was approximately 10 rental units where the conduct provision could have helped in enforcement. She stated with owner occupied properties a ticket can be given on an individual basis. She questioned if the Council wanted to hold homeowners to the same standards as rental properties. Mayor Droste favored the conduct provision at a rental level only. He was concerned how the City could maintain the small town feel if the provision was City wide. Mr. LeFevere stated the goal was to treat everyone the same. Council Member DeBettignies stated that rental properties should have good conduct but the homestead properties could use the ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 16, 2007 good neighbor policy. Council Member Baxter stated he was okay with the provision included in the rental inspections but not on a city wide basis. Ms. Lindquist stated an inspection will be required in order to get a license. The implementation of the program would be a two year phase -in. All properties would be licensed but the inspections would be staggered as there were approxinatelc 600 rental properties. Mayor Droste requested that the City notify all tenants and landlords of the inspections. Mayor Droste questioned if the inspection program would require a public hearing. Ms. Lindquist responded that a letter would be sent to all landlords asking about their status. Mr. Verbrugge stated the ordinance would require a fast and second reading. Mayor Droste wanted to educate and explain the ordinance to landlords and tenants. He stated they should be informed that the purpose is to create high quality living standards in the City. Ms. Lindquist stated that there would be a change in the ordinance that the conduct will be unit specific. She also stated she would hold an informational meeting about the program. 2.B. ASSESSMENTS FOR COUNTY ROAD 38/132 COURT WEST STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #387 City Engineer Brotzler stated that letters were sent to properties 18, 20, 21, 22 and 23 about the further discussion of the project at the work session Reid Hanson and John Gillespie were in attendance. Mr. Brotzler talked about the action taken at the last City Council meeting. He stated the City Attorney had advised hit that a 3/2 vote was a passing vote for adopting an assessment roll. He noted that 4/ 5 vote was only required to approve the improvements and therefore the assessments were adopted. City Attorney LeFevere stated the motion was declared not passed so the assessments were not adopted per Roberts Rules. Mr. Brorzler stated the main issue at the City Council meeting was the formula used to calculate the assessments for parcels 20, 21, 22 and 23. The formula that was used in the feasibility study and carried through to the assessment hearing was to take the front footage times the front foot rate and divide the cost by four. He explained that the formula was used in order to establish equity for parcels of the same size and having access to Bonaire Path. He stated it was a fair and equitable way to establish the formula. He noted that part of the challenge was to establish a formula that divided the assessments fairly across the project. He added that there are instances when a formula does not always result in a fair assessment. In those situations, an exception could be applied to the formula used for some properties in order to establish a hard number for an assessment rather than an assessment derived from a formula. He added that the right -down of assessments would be carried over to the City cost column rather than reallocated to the other properties. Mayor Droste questioned what parcels 20 and 21 received for their easements. Mr. Brotzler explained the payment for the easements as outlined in the exhibits. He added the property owners were compensated for giving up land. The costs incurred for the project is a project 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 16, 2007 cost that was assessable. He wanted to maintain the integrity of the assessment formula. He noted that no special formula was used for those who did or did not get right -of -way payment. Mayor Droste spoke about the concerns the owner of parcel 21 raised at the City Council meeting. Mr. Brotzler responded that the right -of -way issue that was referred to was with Xccl Energy. Council Member Sterner questioned what benefits the residents were receiving from the construction of the road. Mr. Brotzler explained the benefit standpoint by referring to the project funding worksheet. He also explained the per unit assessment rate for the upgrade from a gravel to a paved road and how the rates were established. Mr. LeFevere stated the term benefit in this context wasn't just for the benefit of having something nicer. He stated the special benefit was the increase in market value caused by the improvement. He added there was a benefit from upgrading the road from gravel to blacktop. Even if the formula makes sense some properties will not benefit because the City may give sewer or water to a lot where a house could not be built. Mr. LeFevere stated that he spoke with the appraiser about parcels 20 23. Their road system was extended and by doing so it allowed for subdivision. The road infrastructure would open the door for development. He added that properties 20 and 21 have a collector street where the road infrastructure was extended which increased their market value. He also added that parcels 22 and 23 do not have frontage on Bonaire Path but the road infrastructure was extended following the theory that they may get access from Connemara Trail. Mayor Droste questioned what Mr. LeFevere recommended. Mr. LeFevere responded there were several choices for parcels 22 and 23. If the City Council thought the benefit was between $10,000 and $40,000 a number should be decided upon. He recommended adopting all assessments and to work out the ones where they felt the property owners weren't being treated fairly in the appeal process. He added that the City can levy the assessments and then based upon evidence gathered during the appeal process the City could reassess the parcels. Council Member Baxter stated he never had a problem with how parcels 20 and 21 fell into the formula. His issues were with parcels 22 and 23 because he did not feel that they had the same benefit. He preferred to charge a $12,000 assessment. Mayor Droste suggested hiring an appraiser to determine the value of parcels 22 and 23. Mr. Brotzler pointed out that the City had until the end of November to certify the assessments. There was also a 3(1 clay period where property owners could pay without interest. He was concerned about the 30 day period. He added that the assessment roll could be adopted minus the two parcels in question. Mr. LeFevere cautioned that the appraiser may not have a finding until the second meeting in November. Mr. Brotzler reconmaended updating the assessment roll to exclude parcels 22 and 23. The City Council directed staff to obtain appraisals for parcels 22 and 23. 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 16, 2007 Reid Hanson, representing George Novacek, stated the problems trying to develop Novacek's parcel and obtaining a road. He stated the parcel lacks access and therefore should have special consideration like parcels 22 and 23. NIr. Brotzler acknowledged that the 160 acre parcel would have significant infrastructure costs. 1\fr. Brotzler stated the potential extension of Bacardi Road through the park. Community Development Director Lindquist stated the property owner has not applied for a plat and therefore should nor claim that he cannot get a road. Until a plat has been brought in the City cannot determine where the road would be located. ADJOURNMENT There being a no further business to come before the City Council, Mayor Droste moved to adjourn the meeting and upon a second by Sterner the meeting was adjourned at 9:43 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, October 30, 2007, 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 DeBettignies, Baxter, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, City Engineer Brotzler, Chief of Police Kalsstabakken, Operations Superintendent Cook, Director of Parks and Recreation Schultz, Finance Director May and City Clerk Domeier. ADDITION TO THE AGENDA City Administrator Verbrugge stated that several additions would be discussed as update items. DISCUSSION 2.A. 2008 Budget City Administrator Verbrugge stated the discussion would be surrounding the capital improvement program. He stated at the October 3 work session City Council and staff had discussed staffing recommendations. He added that Sarni Gabriel and Cheryl Ratzlaff were in attendance for the budget discussion. He welcomed Ms. Gabriel to address the City Council. Sarni Gabriel with Teamsters distributed a letter to the City Council and City Administrator Verbrugge. She stated that unions were not in favor of outsourcing jobs. She added that Ms. Ratzlaff had been a productive employee for eight years and she found no benefit to the City or Ms. Ratzlaff be outsourcing the position. She stated the Coverall bid was a brief description compared to the cost of Ms. Ratzlaff's work. Ms. Gabriel warned to make sure the City Council was aware of the extra duties Ms. Ratzlaff performed. She stated the letter included a specific list of the extra duties. She urged die City Council to take a strong look at the list to determine the cost savings in the end. She added that Ms. Ratzlaff had a vested interest in the City and enjoyed her job. City Administrator Verbrugge questioned if the City Council wanted to review the letter and hold discussion that night or at a later meeting. He stated they would also need to discuss other staffing recommendations. He summarized the long term positions and the ramifications for putting off new hires. He stated a new police officer and IT coordinator were proposed and a .25 FTE for the Parks and Recreation Department. He added that the past policy had been to lure one police officer per every 1,000 residents. Council Member Shoe Corrigan requested more time to review the letter received from Ms. Gabriel. Mayor Droste questioned if the number of police calls in 2007 were strictly for police and fire. Chief of Police Kalsstabakken responded that the calls were for police, medical and tire noting that officers also respond to fire and medical calls. Through October there has been approximately a 25 "'L increase in calls for service for police, fire and medical. This includes any time a caller requests a response through the dispatch center. At the time of the 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 meeting, an analysis of the increase had not been completed. Council Member Baxter stated one police officer per 1,000 residents was a good standard to sack with. The City Council decided to continue discussion on the custodian position until members had a chance to review the letter. Mr. Verbrugge stated that staff had been working with Elert on the staffing for the IT position. He stated that Elert was responding to the City's questions after reviewing the draft. He hoped that within the next three weeks the report would be in a final version. He added that CIT presented a proposal to increase their amount of presence at City Hall. Mayor Droste stated that by not having the expertise on the staff it has been frustrating when trying to integrate all the technology needs. He noted it was difficult to add staff in a tight budget situation but that the expertise was needed. Discussion took place regarding the phasing of the Elert proposal. Mr. Verbrugge wanted to continue the discussion from the last meeting concerning the undesignated fund balance. He recalled the City Council's priorities of using the money towards property acquisition on Cameo Avenue and quiet zones. He stated there was one home left to purchase on Cameo Avenue. The property owner is interested in selling their property. Finance Director May added that if the property owner would like to close before the end of this year it would lower the 2007 fund balance. Mr. Verbrugge stated that quiet zones were set as a priority and could be done as part of the 2008 pavement management program. The crossings would be installed at 145' Street and at Biscayne Avenue. He stated that pavement management funds designated in the CIP would fund the street rehabilitation and quiet zones. Mr. Verbrugge explained the CIP budget attachment. He spoke of the costs to bust out of the equipment certificate cycle. He noted that deferring the purchasing of equipment would make the problem compound inn the future years. Mayor Droste requested an explanation on the amount of interest that was paid each year. Mr. Verbrugge responded that it depended upon the amount of the CIP. Mr. May figured the interest to be $10,000 to $15,000 on $55,000 each year. He added that the interest rates are between three and four percent. Council Member Baxter suggested lengthening the process on switching out equipment so it would soften the blow in getting out of using the certificates. Mt May stated that the theory behind the certificates was that after a five year cycle you would stabilize how much was spent each year. Mayor Droste stated the quality of vehicles had dramatically changed over the years. He questioned how often the police cars are cycled. Police Chief Kalstabakken replied about every three years and 100,000 miles. Council Member DeBettignies questioned the purchase of a water tanker in 2009 and a water tender in 201 1. Operations Superintendent Cook explained the differences between the equipment. Mr. Verbrugge explained the park improvement funds. He stated the Bloomfield Park shelter was reinserted for City Council consideration. Director of Parks and Recreation 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 Schultz stated the Parks Commission wanted to the see the Bloomfield Park completed with some type of a shelter. Council Member DeBettignies stated the priority lies with the sports complex. Mayor Droste questioned the usage of the Jaycee Park shelter. He added that the City needs to figure out the usage of current buildings. Council Member Shoe Corrigan stated there were previous discussions about using temporary warming houses. Council Member DeBettignies preferred building a picnic shelter. Mr. Schultz stated that the buildings were used for more than eight or nine weeks a year. The buildings are also used for the summer programs. He added that the priority of building the outdoor complex was cleat and would be relayed back to the Parks Commission. Council Member Shoe Corrigan stated that the $300,000 should be invested in a building that would host a lot of people. Nlayor Droste added that Fire Station No. 2 was under utilized. Council Member Baxter stated that the park structure was low on his priority list and that the money should be spent on the outdoor complex. He added that the City was looking to use a referendum and needs to stand in good faith before the citizens. He added that the complex should have the same priority level for the Parks Commission as it did for the Ciry Council. Mayor Droste did not like that enclosed buildings were being built for the hockey users. Mr. Schultz stated that staff would be evaluating the use of temporary warming houses. He also explained why the tennis courts were removed from the complex. He added that eight more tennis courts were added in the CIP. Council Member Sterner noted that the bathrooms at Central Park were locked during Leprechaun Days. Mr. Schultz responded that the restrooms were not designed to handle large groups. Council Member Shoe- Corrigan questioned Parks Commissioner Strayton about the Bloomfield Shelter. Ivir. Strayton stated he was unclear of the wishes of the City Council. He added the Commission was trying to prioritize the amount of funds to be spent. He noted that even though Bloomfield was a busy park the he would put the shelter to rest for now. Council Member DeBettignies requested that the Bloomfield Shelter be removed from the CIP. Mr. Verbrugge stated the CIP would be on the November 20 City Council agenda. He added that a brief work session would be held after the November 7 meeting to discuss outstanding budget issues. 2.B. Referendum Parks and Recreation Director of Parks and Recreation Schultz handed out the latest designs for the Outdoor Recreation Complex. City Administrator Verbrugge stated that in addition to the revised layout there were also some revised costs. Mr. Schultz questioned if a special election was held what the referendum would include and if the City Council would like to survey the residents. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 Mr. Schultz stated that when going through and working out the designs the Parks Commission looked at including eight tennis courts. He stated We facilities got tightened and they lost parking so it was decided it may be best if the tennis courts were built at another location. He noted that the tennis courts were included in the CIP. Mr. Schultz stated the cost estimate for the master plan still including the lighting for the fields. The Parks Commission had not seen the cost estimates on the final plans. He wanted to find out their priorities of which fields to light. He added that right now the cost was about $7.4 mullion dollars. He found the cost to be fairly accurate to use for the referendum. Mayor Droste questioned cost of the design fees. Mr. Schultz responded that $12,000 has been spent so far and that further design fees would include the plans, specs, bidding process and soil testing. Mayor Droste thought it seemed high to spend another million dollars on the design. Mr. Verbrugge stated that park improvement funds could be used for the administrative, overhead and contingency costs. He added that funds raised from the community would go towards the actual costs to build the facility. Mr. Verbrugge stated that if the City were advance spending before going out for a referendwn it would face the chance that the referendum may fail. He questioned if the City would still go forward using alternative financing. Mayor Droste stated if the referendum failed it could be repackaged and brought before the residents again. The City Council was M. agreement to expend financing on the design before going out for a referendum. Mayor Droste requested that a joint meeting be held with the Parks Commission. Mr. Schultz addressed the tennis court concerns. He stated the Parks Commission tried to identify the courts as being a component in the plan. The courts were removed after meeting with user groups who questioned why they were part of the plan. The groups questioned why the courts were berg built so far out from where the majority of the population was located. He added that tennis courts were not identified as a program with a major need in the community. He stated that the Parks Commission had discussed building tennis courts at Ericson Park. Council Member Sterner was concerned that the plan did not include any passive recreation. He stated the plan concentrated on two stakeholders in the community. He added that the complex should be a multi- purpose facility. Mr. Schultz responded that the complex would provide recreation for the high user groups in Rosemount. He spoke of the potential users and the reasoning for the number of fields. Council Member Shoe- Corrigan had no problems with moving the tennis courts. She stated that she preferred the courts be included in the referendum. She stated Rosemount did not have a venue to host tennis tournaments. She also questioned if there was a need for the four soccer fields. Mr. Schultz responded there was a need for the fields. Council Member Baxter added that the soccer fields could also be used for football and lacrosse games. 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 Mr. Schultz provided a breakdown of the estimates that were provided noting that the estimates were conservative. Parks Commissioner Kevin Strayton was in attendance to provide comment. He stated the Commission allowed all organizations to make their requests. He thought the Commission did a good job balancing the multi -uses to figure out the true needs of the groups. He explained that the DCTC fields would be a fairly inexpensive way to add more soccer fields. The soccer fields could also be used as football and lacrosse fields. He stated that the complex was one piece of meeting the overall needs of the City. He stated the Commission was willing to do the heavy lifting in explaining the complex request to residents. Mr. Schultz handed out the brochure Apple Valley put together for their referendum. He explained the different projects that Apple Valley included in their referendum. He questioned if Cite Council wanted to survey the residents. He added that the City Council may want to consider adding the St. Joe's project and other park inprovements to the referendum. Mr. Schultz questioned how much the City would want to invest into the St. Joe's site. Mayor Droste stated the City should utilize the church and make it ADA compliant, including restrooms and all conditioning. He added that in one year the library would open so why not expand usage of the church. He stated that staff should strategize different scenarios for including the St. Joe's site with the athletic complex referendum. The City Council did not think a separate survey of residents was necessary. Mr. Verbrugge provided a breakdown of what the referendum would cost taxpayers. Council Member Baxter suggested six million for the athletic complex and 3.5 million for the St. Joe's campus. He stated the City should be careful about how many items to include in the referendum. Finance Director May expressed concern about speeding up the St. Joe's task force decision. He worried about not having enough funds to support the end use. Council Member Shoe Corrigan stated the task force should be considering an end use for the entire block. She stated it did not make sense to borrow $3.5 million dollars if the school would become part of a redevelopment process. Mr. Verbrugge suggested holding a work session in December to discuss the potential nixed uses at the site. He also mentioned if the church were converted to a public use the City Council would need to look at the cost to the City for staffing and maintenance. Mr. Verbrugge stated he could contact the architect to receive updated assessments of the ADA issues. He recommended having a work session on the referendum in December. Council Member Baxter stated that with $3.5 million dollars there would be the ability convert and to upgrade the church to a long term use. He also wanted to add something for the seniors. 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 Mayor Droste requested that a join work session be held with the Parks Commission in December. 2.c. Space Needs City Administrator Verbrugge stated an RFQ would be sent out regarding the space needs. He stated the timing was most appropriate now as the City was doing its comp plan update for the next 20 years. He noted that the last space needs study was done in 1991. He added that the City must be comfortable with the assumptions as we move our with the comp plan. He asked for any last questions the City Council wanted to include in the RFQ. Mayor Droste stated with the slowdown in housing and the potential development at UMore he did not consider this the best time for the study. Mr. Verbrugge stated that staff wanted to be ahead of the curve. He added that UMore did not expect significant development for another 10 to 15 years. Council Member Sterner questioned if all the space under the water towers was being utilized. Mr. Verbrugge stated that the City's water towers have cold storage space. City Engineer Brotzler stated that the water towers were used for cold and seasonal type storage. He added that a lot of equipment was spread throughout the City and there tends to be a lot of inefficiencies with trying to keep track of the equipment. Council Member DeBettignies questioned if the goal was to have public works under one rooftop. Mr. Brotzler stared it was the goal. Council Member DeBettignies questioned if there was enough space behind City Hall to build one unified facility. Mr. Verbrugge stated better space was available in the business park at the furure water treatment plant site. Mayor Droste stated he struggled paying for a space needs study. Mr. Verbrugge stated that the past study was a lesson learned. Mayor Droste stated there should be better utilization of equipment and investments. Mr. Verbrugge stated that no matter how much equipment is used at one time it still needs to be stored. Council Member Shoe Corrigan stated the City would still need to look at the space needs for the next 15 -20 years. Mayor Droste cautioned moving forward without the UMore plans in place. He added that a City Hall may need to be built at a different site from it's current location. Mr. Verbrugge stated the assumptions can be upsized based upon what the population will he. The study would look at more permanent needs for the public works and ideas of where to build a new city hall. Finance Director May explained the investment of the current public works building. He noted it was a small investment at that time. Council Member DeBettignies was fine with moving the public works facility to the business park. He added with that move there would be room for the City Hall to expand. Mr. May stated that the study would address the needs based upon whether or nor UMore would develop. Council Member Baxter was fine with sending out the RFQ. Council Member Sterner wanted the RFQ to include what could be built on to existing structures. Council Member 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 Shoe Corrigan stated she wanted a long terns solution. She added that a public works building could be built without the study. She was concerned about the cost of the study. UPDATES Library Art Feature Discussion took place regarding what type of art would be included at the library. The majority of the City Council favored a water feature. Council Member Shoe- Corrigan wanted a structure that was equally attractive in the winter time when the water was not running. Director of Parks and Recreation Schultz stated a feature could blend together the library and the church. He suggested working on something to integrate both buildings out front. He added that the new art council may have some ideas. Volunteer recognition and other recognition Ciry Administrator Verbrugge stated in the past the City Council sent out letters to the volunteers of the Haunted Woods Trail, Leprechaun Days and elections. The City Council desired to send letters again this year. Council Member Sterner requested that groups be recognized before every City Council Meeting. Mr. Verbrugge stated in the past the City Council only recognized state champions. Council Member Shoe Corrigan requested that boy and girl scouts, volunteer and state champions be recognized. Council Member DeBettignies requested that residents be recognized for calls of duty. Mr. Verbrugge suggested asking the coaches and coordinators at the schools to contact the Ciry when students excel. Council Member Baxter stated a letter should be sent to Greg Claussen asking him to let us know which students should be recognized. Additional Updates Council Member Sterner wanted to discuss the sign ordinance language at work session. He especially wanted to talk about electronic signs. Mayor Droste stated that people in residences do not want running lights. He explained the reason for certain signs along County Road 42. Council Member Sterner wanted to find out more the about commercial development and business attraction. City Administrator Verbrugge stated that the City is working with the Arcon developer and noted that the business park changed owners a couple of times. Mayor Droste stared that Per Nelson with Community of Hope church contacted him about partnering with the Minnesota Wild for a new arena. The Wild is looking for a place to serve as a practice facility. He stated that Mr. Nelson wanted the City to support him because the church already had the land. Council Member Sterner requested more information about the project. Council Member DeBetrignies stated that RAHA and the church should he the ones in contact with the Wild. Council Member Baxter questioned why the City would support another ice arena when it loses money on its own. He found no reason to support it. Mayor Droste indicated that he would not respond. Council blember Shoe Corrigan stated she and Planner Jason Lindald met with Denise Boyles of Lennar to discuss adding 16 more housing styles. She shared that Lennar isn't selling some of their current models so they wanted to add more styles to choose from. She stated that she would not support Lennar adding to their current stock homes that do not 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 30, 2007 meet the original intent of the PUD. As a comprise, she offered that the City would consider an exchange of new home styles that were consistent with the original intent of the PUD for currently approved home styles that weren't selling well. Ms. Boyles offered to discontinue the Colonist, Bungalow, and Farmhouse in exchange for adding the Ramsey, Sibley, and Longfellow. Council Member Shoe Corrigan indicated that she could be agreeable to the proposal and Ms. Boyles should submit a minor PUD amendment application consistent with her proposal for review by staff and approval by the full City Council. Mayor Droste stated he would like to see the correct logo and shamrock added to the Chippendale water tower. Mr. Verbrugge stated he would have City Engineer Brorzler check into the cost. ADJOURNMENT The meeting was adjourned at 10:08 p.m. to closed executive session for the purposes of discussing labor relations and an employee discipline issue. Respectfully Submitted, Amy Domeier, City Clerk 1 1 CALL TO ORDER Pursuant to clue call and notice thereof, a special meeting of the Rosemount City Council was duly held on Wednesday, November 7, 2007, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145}1 Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present included City Adnumstrator Verbrugge, Assistant, Director of Parks and Recreation Schultz, Community Development Director Lrdyuist, City Engineer Brotzler, Senior Planner Zweber, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated the addition of a motion for the Prestwick Place PUD. He added that a revised agenda was distributed on Monday, November 5 which included the addition of Consent Agenda item 6.g. LELS Police Unit, Labor Agreement 2008 -2009. Motion by Droste. Second by Sterner. Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 7, 2007 Motion to adopt the agenda with the addition of minor information on 6.f. and 6.g. DEPARTMENTAL REPORTS /BUSINESS 5.a. Commendation of state championship for Rosemount High School marching band Mayor Droste recognized the achievements of the Rosemount High School marching band. A short video was played that showed part of the band's performance at the state meet. Mayor Droste presented awards to Steve Olsen, the band director, and drum majors Amanda Kreun, Jasmine Radosevich, Nick Pranke and Luke Schofield. CONSENT AGENDA Council Member Shoe- Corrigan pulled item 6.e. Change Order #1 CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 from the agenda. Motion by Baxter. Second by DeBettignies. Motion to approve Consent Agenda items a -d and f and g. a. Minutes of the October 3, 2007 City Council Work Session Proceedings b. Minutes of the October 16, 2007 City Council Proceedings c. Bills Listing d. Expenditure Approval from the Donation Account Parks Recreation Dept. e. Change Order #1 CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 f. Prestwick Place Final Plat, Case 07 -36 -FP (Resolution No. 2007 -97) g. LELS Police Unit, Labor Agreement 2008-2009 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 7, 2007 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.e. Change Order #1 CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 Council Member Shoe- Corrigan requested that City Engineer Brotzler provide an update on the progress of the intersection. Mr. Brotzler stated that the signal project was delayed due to signal equipment manufacturing and delivery delays. The reason for the delay was that the sole manufacturer had to put the project on hold due to providing rerouting signals for MnDOT following the I35 bridge collapse. He stated the signal inprovements would be completed in November and all other intersection improvements would be completed in 2008. Motion by Shoe Corrigan. Second by Sterner. Motion to Approve Change Order #1 for the CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412. Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. OLD BUSINESS 8.a. Adopt Assessments Old County Road 381132 Court West Street and Utility Improvements, City Project #387 City Engineer Brotzler provided a recap of the discussions held on the proposed assessments. He stared that staff recommended adopting the assessment roll as presented. He added that a separate assessment roll for Parcels 22 and 23 would be presented to the City Council at the November 20, 2007 meeting. Motion by Shoe Corrigan. Second by Baxter. Motion to Adopt a Resolution Adopting the Assessment Roll for the Old County Road 38/132 Court West Street and Utility Improvements, City Project #387. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. Resolution No. 2007 98) Mayor Droste questioned if the appeals on record would he carried forward. City Attorney LeFevere responded that the hearing was closed and that anyone who wanted to appeal had to file a notice of objection at the hearing. He stated that the formal appeal procedures were specified in the notice that was sent out to affected property owners. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings and noted the next regularly scheduled City Council meeting would be held on November 20, 2007. 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 7, 2007 ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 7:54 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 7, 2007 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 7, 2007, at 8:05 p.m. in the Conference Room at City Hall, 2875 145' Street West. lvlayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Community Development Director Lundquist and City Clerk Domeier. ADDITION TO THE AGENDA City Administrator Verbrugge stated that several additions would be discussed as update items including the St. Joseph's Church usage, the CPDC owned house, DCTC landscaping, Brockway /Harmony Development, condemnation proceedings, rezoning and the space needs study. 2.A. Sign Ordinance Text Amendment City of Rosemount, 07 13 TA Community Development Director Lindquist stated that planning staff was in the process of updating the sign ordinance that was prompted by tree speech issues. She stated it was an opportunity to restructure portions of the ordinance and clarify the temporary sign language. Ms. Lindquist stated the amendment was scheduled for City Council review on November 20. She stated that recent consideration at the Planning Commission level prompted discussion on dynamic and electronic signs. Right now the Ordinance allows for time and temperature signs and public information signs only in the public and institutional district. She stated the ordinance update was not to address electronic signs. She stated the electronic sign discussion was prompted by a temporary sign request from Rosemount Storage. She questioned the City Council's desire to pursue looking into the dynamic signs. Council Member DeBettignies questioned if nonconforming signs could be replaced if destroyed by a natural occurrence. Ms. Lindquist stated that the business would have 18 months to reconstruct the structure. Council Member Shoe Corrigan stated that two years ago they looked at the sign ordinance to allow more flexibility for signs in Rosemount. Ms. Lindquist noted that various aspects of the sign ordinance had been reviewed in the past four years. She added that staff felt the entire ordinance needed to be reviewed in recognition of the recent changes to the zoning districts. Council Member Shoe Corrigan wanted the ordinance completed by the time commercial development was ready to occur at County Road 42 and Akron Avenue. She also stated her preference to get through the downtown redevelopment and comp plan update first. Scott Askew of Rosemount Storage, Inc. provided history on his business. He stated that growth had been slow due to the housing market and economy. In an effort to create more visibility beyond flyers and newspaper ads he thought the best solution was an electronic reader board. He added that he would not pretend that he didn't know that electronic reader boards were not allowed. He stated the City didn't ask when he applied and he did not tell. He stated that Rosemount Storage received four phone calls during the short period 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 7, 2007 the reader board was on. He provided an opinion from Daktronics on Rosemount's sign ordinance. He ended by stating that in 17 months the bank would own his business. Council Member Shoe Corrigan stated that every business with the business park zoning would then have access to a reader board. She explained that every ordinance amendment needed to be reviewed as to how it would affect all similarly zoned properties and the Council couldn't just consider the situation of one business. She stated it could take the City Council months to review the sign ordinance. She added that the City Council was always looking for new ways to advertise and promote business. Mayor Droste questioned Mt. Askew's market study information. Mr. Askew stated that based upon his research that Rosemount could support 100,000 square feet of storage. Rosemount Storage has 50,000 square feet with more room for expected growth. Council Member DeBettignies noted that the downward spiral in housing played a factor into the request. He added that Mr. Askew would not be here tonight if economics weren't a factor. Mayor Droste provided history on the resident's concerns with the electronic and lit signs at the Dlarcus Theater and Cub Foods. He stated the City Council had to be sensitive to the quality of life issues. Council Member Baxter stated the City Council needed to extensively review the sign ordinance to look at all possibilities and the dangers that may lie within. He stated there were issues to address with Mr. Askew's sign and noted that the location of the business was close to residential neighborhoods. Council Member Shoe- Corrigan stated it would be on an agenda to discuss but she didn't know if the City Council could do it in Mr. Askew's timeline. She stated that many tithes she had heard that the sign ordinance was a violation of first amendment rights. She stated that City has the right to regulate signs. Mr. Askew talked about the memo that Daktronics provided. Ms. Lindquist clarified that the City Attorney reviewed the City's draft ordinance. She added that if the City were to allow electronic signs in the business park that commercial users will want them too. Mr. Askew chained that the signs were cost prohibitive for most businesses. Jim Hoeft owner of Hoeft Signs stated his company did 90 °b of all digital signs in the City. He stated he had access to a lot of data on electronic signs and he offered to help the City with its sign ordinance. Council Member DeBettignies stated the ordinance should be reviewed. He stated the City Council was busy working on the budget, the comp plan and the St. Joseph reuse. He thought staff could gather information in January and bring to the City Council in May or June. City Administrator Verbrugge suggested that staff could do some research and lay out a scope of work. Ms. Lindquist stated that staff would need to be allowed time to research 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 7, 2007 and pull the information together. She stated the electronic signs would be a portion of the sign ordinance. Council Member DeBettignies stated staff should contact other communities and find out the processes they used and what basis they had for allowing electronic signs. Council Member Shoe Corngan stated the sign ordinance could not be completed in six months but she wanted to tie into the commercial development along County Road 42. Mayor Droste directed staff to scope out a work plan and to bring it back for further discussion as a work session item in January. 2.B. 2008 BUDGET Director of Parks and Recreation Schultz, Operations Superintendent Cook, Chief of Police Kalstabakken, City Engineer Brotzler and Finance Director May joined the meeting. City Administrator Verbrugge handed out the 10 Year Equipment CIP funding alternatives. He stated it provided information on how the City could approach the purchase of the capital equipment in the future and break away from using equipment certificates. He thoroughly explained the different funding scenarios that were included in the spreadsheet. Council Member Baxter stated his concems with abandoning the use of equipment certificates. He stated the equipment should either be funded through equipment certificates or by paying some as you go. He stated the City could not bite the bullet and get out of it in the next two years but that the City needed to work on getting out of it. Mayor Droste stated that during the next two to three years the City would have to be very strategically orientated given the concerns with the housing revenues. The general consensus of the City Council was to bust out of using the certificates gradually in the future. They were cautious about dipping into the reserves. Council Member Shoe- Corrigan stated it would be a good tune to look at equipment needed for the Outdoor Recreation Complex and if it could be included in a referendum. Mr. Verbrugge stated the CIP would be on the November 20 City Council agenda for adoption. Mr. Schultz wanted to address the concerns about the ice arena and the appropriate levy of the subsidy. He stated that typically the subsidies were used for capital improvement projects. He stated the ceiling would be painted in 2009 and would be the only improvement. He talked about trying to build up that reserve to use in years where there would be bigger projects. Right now there was no reserve. Mr. Schultz stated that the building would be paid off in two years. While that would have no bearing on the operational costs it would be one less burden. Mr. May explained the history of subsidizing the arena. He noted that as the building got older bigger investments would need to be made. 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 7, 2007 Mayor Droste stated he was OK with the subsidy at this time. Council Member Shoe Corrigan wanted a long range strategy on how to build a reserve. She also wanted a consistent flat line budget item. Mr. May noted that the long range planning for the arena, items could be set up similar to the CIP's pavement management program. Council Member Shoe- Corrigan stated the City could then detertniie what to charge for ice time. Mr. Schultz stated he was looking into the ice time fees. Council Member Shoe- Corrigan thought the long term planning should be tied to the rates. The City Council directed staff to flat line the subsidy and build a reserve. Mr. Schultz noted that the rental rate recommendations would be part of the fee schedule in December. NIr. Verbrugge stated that staffing changes for 2008 included the addition of one police officer, an IT Coordinator and a .25 receptionist without benefits. He added that it also included the removal of the full -time custodian Council Member Sterner questioned if the luring of the public works employee could be delayed. Mr. Verbrugge responded it could not because of snow plowing being just around the corner. He had hoped to have a new maintenance worker hired by the end of January. Council Member Sterner questioned who would handle the other duties that were being done in addition to the custodial work. Mr. Verbrugge stated that some of the duties would be pushed around and covered by other people. He noted that the City has the responsibility to look at what it does internally and externally cheaper. He was not diminishing the custodial duties but wanted more flexibility down the road. The City Council was in agreement with the staffing recotrunendations for 2008. Council Member Sterner questioned if the space needs study was included in the budget. Mr. Verbrugge responded that at the Last meeting he did not sense a complete buy into doing the study. He wanted the City Council to own the process. If the City Council was not comfortable with doing the entire study he wanted the go ahead with the public works study. Council Member Sterner was concerned about not knowing when the UMore site would be developed. He stated he did not know what the issues were with the storing of Public Work's equipment. Mayor Droste stated the City had a lot of capacity and should figure out how to utilize it. He added that it should be determined whether to move Public Works to a new site or to expand the current site. He thought the staff would know at what point there would not be enough space at City Hall. Mayor Droste did not feel the time was right to conduct a space needs study. Council Member Baxter disagreed stating that somebody needed to start looking at the needs for the City. He thought many important questions should be answered and he did not find the UMore site to be the tipping point for the process. Mr. Verbrugge suggested doing an analysis with the UMore site included and without u. Council Member Shoe Corrigan stated staff would have the expertise to assess a new public works facility but that the City Hall component would regture a study. She was not against using money towards a public works study. Mr. Verbrugge stated the need would have to be identified. He added that the three 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 7, 2007 options would be to expand on the current site, build a new facility in the business park or to find another site that would be closer to where the center of Rosemount would be in 30 to 40 years. The City Council was comfortable with evaluating the Public Works facility and potential location. Mayor Droste felt that a senior center should be a priority of the City Council. Council Member Shoe- Corrigan questioned why the group could not use the meeting room at Fire Station No. 2. Mr. Kalstabakken cautioned allowing people access around the fire station. Mr. Schultz stated he advised the seniors to provide him with the amount of square footage they need and the type of set up they preferred. Council Member Baxter agreed that the seniors need to let the City Council know what they need. UPDATES Harmony Project Community Development Director Lindquist stated that M &1 Bank would be taking over the Harmony project. The bank would be taking over one of the TIF notes, and the property associated with the senior housing and apartment project and 10 single family lots. The rest of the development was opened up to four or five other builders. Rottlund approached staff and asked if the City would consider something other than apartments or senior housing in the area. She stated that Rottlund preferred to build more townhouses. She noted that from a TIF perspective there may be a benefit to change the plan to generate more money. The City Council was in agreement that they would consider Rottlund doing something other than apartments or senior housing depending upon what was proposed. Downtown Community Development Director Lindquist questioned buying a home from CPDC that was in the Downtown. She stated the two options were to pay more to get the home or buy the car wash for slightly more. She mentioned that the Stonebridge project had plenty of parking without purchasing the home. Council Member Baxter suggested getting a legal opinion on purchasing the home. Ms. Lindquist stated that Dr. Hansen retained a new attorney, Howard Roston, to handle the public purpose objection. Ms. Lindquist spoke of potential sites that conformed to zoning standards for Mr. Ratzlaff's relocation. She also asked the Council if they would consider a similar property in the community that would require rezoning. DCTC Community Development Director Lindquist stated that DCTC was redoing their parking lot. They planned to remove a berm and add new landscaping. Mr. Zweber explained the background of the project and that DCTC claimed they did not need to provide a letter of credit. The City Council requested further clarification from the Attorney General's Office. St. Joseph Site Director of Parks and Recreation Schultz stated that the Rosemount Arts Council held a meeting and had a good turnout. He stated that a group wanted to perform at the site which 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 7, 2007 would cause a change of use that did not meet code. He added that if the church was used as a public facility the change would require the City to make improvements to the building. He stated at the next City Council meeting he would provide an architect's proposal regarding the improvements. Hazardous Waste Collection Director of Parks and Recreation Schultz questioned having Rosemount hold a household hazardous waste collection. He stated how much staff time would be needed to coordinate the collection and that it would be more intensive than regular clean ups. He preferred that residents bring items to EC(_) site. Mayor Droste suggested doing an education piece through the utility bill or the newsletter about the ECO site drop off. Goal Setting City Administrator Verbrugge requested that the City Council check their schedules for the last two weeks in January. He wanted to hold the goal setting session in late January. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved to adjourn the meeting and upon a second by Sterner the meeting was adjourned at 10:31 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 20, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, November 20, 2007, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street \West. Nlayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe-Corrigan and Sterner attending. Staff members present included City Administrator Verbrugge, Director of Parks and Recreation Schultz, Finance Director May, City Engineer Brotzler, Senior Planner Zweber, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator \'erbrugge stated the addition of Consent Agenda item 6.q. Custodial Services Contract. He added that item 6.d. Minutes of the October 30, 2007 City Council Special Work Session Proceedings would be pulled until the December 4, 2007 meeting. He would work with City Clerk Domeier to review questions raised by Council Member Shoe Corrigan about the minutes. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with item d pulled and the addition of item q. Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA Mayor Droste pulled item 6.o. Sign Ordinance Text Amendment City of Rosemount, 07-13 TA for further discussion. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda with pulling of item 6.d. completely and pulling of item 6.o. by Nlayor Droste and the addition of q. Custodial Services. a. Minutes of the August 29, 2007 City Council Special Work Session Proceedings b. Minutes of the October 2, 2007 City Council Proceedings c. Minutes of the October 16, 2007 City Council Special Work Session Proceedings of d.c October 30, 2007 City Council Special W rk Sc33i n Proccedun e. Minutes of the November 7, 2007 Special City Council Proceedings f. Bills Listing g. Accept Tort Liability Insurance Limits h. Bond Calls and Bond Defeasance (Resolutions 2007 and 2007 100) i. 10 -Year Capital Improvement Plan (CIP) Working Program j. Charitable Gambling Premise Permit Renewal for Rosemount VFW Post 9433 (Resolution 2007 -101) k. 2008 Waste Abatement Community Funding Application (Resolution 2007 -102) 1. Rosemount Community Center Full Service Beverage Contract m. St. Joseph's Church Schematic Design Proposal 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 20, 2007 n. Adopt Surface Water Management Plan (SWMP) and Ordinance (Resolution 2007 -103) (Ordinance XI.29) o. Si Ordinance Text Amendment City of Rosemount, 07 13 TA p. Total Construction and Equipment, Inc. and Furlong Mineral Extraction Permit Renewal, 07 -33 -ME q. Custodial Services Contract Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.o. Sign Ordinance Text Amendment City of Rosemount, 07 -13 -TA Mayor Droste pulled the sign ordinance so that Senior Planner Zweber could explain the process staff went through while reviewing the ordinance. He spoke of letters in the local newspapers that stated the City was not being friendly to businesses during the process. Senior Planner Zweber explained that the process began at a March work session in which the Planning Commission discussed the need to revise two sections of the sign ordinance. They looked at temporary signs and a number of first amendment procedural rules that needed to be changed. In April the Commission discussed the changes that were proposed. He added that in June the City arranged to be present at the Chamber of Commerce meeting to discuss the proposed changes with local businesses. In August the Commission held a public hearing for the sign ordinance. It was continued so that local newspapers could print articles making people aware of the changes. The public hearing in September was continued to October. He added that the City Council also discussed the item at a work session un November. Mayor Droste stated it was a very long process and a lot of public communication took place. Motion by Droste. Second by Baxter. Motion to approve an Ordinance amending the City of Rosemount Zoning Ordinance B Chapter 8 relating to signs; and Motion to adopt a Resolution authorizing publication of Ordinance No. B -194 amending Ordinance B, the Zoning Ordinance Chapter 8 relating to signs. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motions carried. (Ordinance B 194)(Resolution 2007 104) OLD BUSINESS 8.a. Adopt Assessments Old County Road 381132 Court West Street and Utility Improvements, City Project #387 City Engineer Brotzler discussed the proposed assessments for the two remaining parcels associated with the Old County Road 38 project. He stated that parcels 22 and 23 were located south of Bonaire Path adjacent to the rail spur line that runs north through the area. He provided background on the previous assessment hearing and work session discussion. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 20, 2007 The proposed assessments for Parcels 22 and 23 were $43,669 each. He stated that discussion was previously held regarding the assessment amount that was derived from a formula applied throughout the entire project area. He spoke about the formula that was utilized to establish the equitable basis for spreading the cost. He noted that in this instance based upon City Council direction further review was completed to evaluate what the value of the improvements were to parcels 22 and 23. Mr. Brotzler stated that the City obtained a market value consultation letter from an appraiser that had done work in Rosemount. Based upon the appraiser's review, the recommendation was that the properties would obtain a maximum increase in their market value of up to five percent. He stated that five percent was applied to Dakota County's assessed value of the properties. The new assessment rate for parcel 22 was $15,615 and $17,730 for parcel 23. Mr. Brotzler stated that the property owners of parcels 22 and 23 were in attendance to provide comment. Council Member Shoe Corrigan questioned the benefit to the properties since they did not have access to the road. She also questioned if the lots were combined at some point and developed as a whole but the houses remained would they be assessed when the streets in front of the home were paved. Mr. Brotzler replied that typically if a property develops and there were necessary improvements made to accommodate that development the costs would be paid by the developer. Jack Gillespie, 2322 Bonaire Path, Rosemount, stated he owned parcel 23. He thanked the City Council for noting that that the first proposal was not correct and for taking into further consideration. He thought the $17,000 figure was still too high because he did not feel his property value increased that much. He added that he read the report which stated the enhancement would not exceed five percent of the market value. He considered half that amount to be suitable for the assessment. Discussion ensued regarding the 2008 estimated marker values for the properties. Council Member Shoe- Corrigan stated the rural residential properties were being hit this year due to the higher cost of land. Mayor Droste questioned when the assessments would affect the property taxes. Mr. Brotzler stated that the assessments would be certified in December and included in the 2008 payable taxes. City Attorney LeFevere added that legally the assessment becomes a lien on the property the moment it is adopted by the City Council. For the hen to be valid it has to cause an increase in value as of the date of adoption. Motion by Shoe- Corrigan. Second by DeBettignies. Motion to Adopt a Resolution Adopting the Assessment Roll for the Old County Road 38/132" Court \Vest Street and Utility Improvements, City Project #387. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution No. 2007 105) 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 20, 2007 Mayor Droste questioned the appeal process. City Attorney LeFevere responded that the hearing was closed and that anyone who wanted to appeal had to file a notice of objection at the hearing. He stated that the formal appeal procedures were specified in the notice that was sent out to affected property owners. NEW BUSINESS 9.a. Veterans of Foreign Wars #9433 Site Plan Review and Rezoning Senior Planner Zweber summarized the staff report for the VFW Post #9433 site plan review of a patio and accessory structure. The VFW also applied for rezoning from AG to RR PUD to remove the non- confoming status to allow the construction. The patio would be located within Rosemount and the accessory storage structure within Eagan. The VFW will need to obtain approval from Eagan to construct the accessory building. Mr. Zweber added that the VFW requested a refund on the zoning application. The VFW felt the City should not have zoned its property AG in the first place. Council Member Sterner questioned if more fees would have been required had the property not needed to be rezoned. Mr. Zweber responded that the VFW originally applied for a site pLin review and paid that fee. Because the zoning of property does not allow membership organizations, they had to apply to be rezoned and pay the $1,000 fee. Council Member Shoe Corrigan questioned if it was common to zone a spot use like the VFW dissimilar to its surrounding uses. She questioned if the City would guide the end use to be similar to the surrounding properties if the VFW would sell or relocate. Mr. Zweber stated the zoning ordinance was established in 1972. It was based on districts and there were very few zones. Except for the center of the City, most of the zoning was designated AG. He stated at that time the City did not spot zone. Council Member Sterner questioned if there was a non smoking and smoking area located on the patio. He also questioned how far from the door the smoking area would be located. Zweber stated that the City does not have any rules about smoking outside. He stated that smoking would be allowed right outside the door and completely within the patio. He explained the patio would be located on the north side of the building, away from the front entrance on the east side of the building. Council Member Baxter questioned if the property were zoned differently and the VFW asked for a PUD would there still be a fee. Mr. Zweber stated there would be a fee for the PUD application. He thought it was about $1,500. Council Member DeBettignies questioned how the City of Eagan was zoning its part of the parcel. Mr. Zweber believed it was zoned AG. He added that the variance from Eagan would cover allowing the accessory structure without a principal structure and zero lot line. Council Member Sterner questioned what fees Eagan would be charging the VFW. Mr. Zweber stated the VFW would be charged for a variance. In addition, if they used the ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 20, 2007 structure during special events they would need to get a special event liquor permit. Council Member DeBettignies noted that the VFW would also need to pay for a building permit. Mayor Droste questioned if the VFW had the option to put their parcel in one city. Mr. Zweber stated that staff has approached Eagan. Eagan was open to further discussions but stated they had other higher priority issues. A variance would solve the immediate problem. Mark Munson, VFW Post #9433 Commander, stated the VFW did not want to pay a rezoning fee. The VFW did pay $1,200 for site plan review and $1,000 for rezoning. He asked that the fee be waived. He stated the patio would be open to everyone and located on the side of the building. He stated the garage would be facing Eagan. City Attorney LeFevere stated the fact that the zoning does not conform to what is there did not mean it was incorrectly zoned. He thought staff had a creative solution by moving forward with a PUD mechanism which no one had heard of in 1972. Council Member Shoe- Corrigan stated that an entire area like this would be zoned AG if that is what you wanted the end use to be. She stated it was not a mistake hut a conscious attempt to guide Land use. She stated that today they would not zone the property commercial because they would not want any of the other commercial end uses. She noted however that the City was dealing with a non- profit organization and that it was a unique establishment. Mr. LeFevere stated the City Council could not make a gift of public funds. If it was decided a fee would not be collected it should be because of duplicate fees or a hardship due to the boundary lines. Mayor Droste stated the rezoning came about due to a change in the building. He stated it would not be an issue if there were not a change to the building or site. Mr. Zweber stated the VF \V had considered an addition in the future, but now is the addition is being done due to the smoking ban. Mr. Nlunson explained it went from being a simple garage to have during events to a big project because of the smoking ban. Council Member DeBettignies questioned if the PUD could be approved without rezoning. Mr. Zweber stated the comp plan designation for the parcel was rural residential. By rezoning it to RR PUD it would be in the proper zoning category for the comp plan designation. Council Member DeBettignies stated the rezoning was something the City would have had to initiate anyway. Nfr. Zweber stated the need to rezone it would have been based upon the use. If the use was not changed the VF\V could have continued in AG zoning. Further discussion took place regarding the rural residential zoning that took place in the 1980s and previous comp plan designations. Mayor Droste was hesitant to set precedence for the fees. He added that developers often request relief on fees. Mr. Munson questioned if the City would blacktop 120` if it would change the zoning. Nfr. Zweber stated if 120t street was approved and right -of -way would ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 20, 2007 need to be acquired it would change the lot size. Those improvements would not necessitate a rezoning, but the City would consider if it was properly zoned. City Administrator Verbrugge suggested dealing with the primary issues of zoning approval fast before deciding what to do with the fee issues. Motion by Sterner. Second by DeBettignies. Motion to adopt a Resolution approving the Planned Unit Development (PUD) Master Development Plan and Final Development Plan for the Veterans of Foreign Wars Post #9433. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Resolution 2007 106) Motion by Sterner. Second by Baxter. Motion to adopt an Ordinance B -193, an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance Rezoning from AG- Agricultural to RR PUD -Rural Residential Planned Unit Development for the Veterans of Foreign Wars Post #9433. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. Motion by Stemer. Second by Baxter. Motion to approve the Planned Unit Development (PUD) Agreement with the Veterans of Foreign \Vars Post #9433. Ayes: Shoe Corrigan, Droste, Stemer, Baxter, DeBettignies. Nays: None. Motion carried. Motion by Sterner. Second by Baxter. Motion due to the boundaries changes and duplicate permit and fees that we would have a fee for $500 for the rezoning for the agreement for this rezoning of the motions we just discussed. Council Member DeBettignies questioned the $500 fee. Council Member Sterner stated he decided $500 because of the hardship to have to go to both Rosemount and Eagan for zoning and guiding. He added that the VFW also had to pay other permit fees. He wanted to split the rezoning fee between the VF\V and the City. Council Member Shoe Corrigan questioned what fees due in Rosemount were separate from the fees due in Eagan. Mr. Zweber stated the VFW would need a variance in Eagan. He ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 20, 2007 stated there were not duplicate rezoning fees. Council Member Shoe Corrigan questioned that the variance was separate from the rezoning of the property. Mr. Zweber stated that was correct. Mayor Droste questioned the VFW petitioning Eagan to put the parcel in one City. Mr. Zweber stated that staff had contacted Eagan staff to coordinate the issues and making the project seamless for the VFW. Council Member Shoe- Corrigan questioned the variance fee in Eagan. Mr. Munson did not know the fee for variance in Eagan. Council Member Shoe Corrigan questioned if the City would be setting itself up for precedence if the fee was waived even though it was a unique case. Mr. LeFevere stated the City could make accommodations because of the unique circumstances. Council Member Shoe Corrigan questioned when the property was purchased if it lied within both cities. Mr. Zweber responded that the City of Eagan boundary follows the Eagan Township boundary and the Rosemount boundary follows the Rosemount Township boundary. Council Member Shoe Corrigan questioned if the parcels were two separate parcels. Mr. Zweber responded yes but acted as one parcel. Council Member DeBettignies added a friendly amendment that the reduction was in occurrence of the common boundary of two parcels being occupied by the landowner. Council Members Sterner and Baxter agreed to the amendment. Ayes: Droste, Sterner, Baxter, DeBettignies Nays: Shoe Corrigan. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings. He stated the Truth -in- Taxation heating would be held on December 3 at 6:30 p.m. and the next regularly scheduled City Council meeting would be held on December 4, 2007. Mr. Verbrugge stated that no action would be taken at the Truth -in- Taxation meeting. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:42 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL TRUTH -IN- TAXATION SPECIAL MEETING PROCEEDINGS DECEMBER 3, 2007 CALL TO ORDER Pursuant to due call and notice thereof, the Truth -in- Taxation Special Meeting of the Rosemount City Council was duly held on Monday, December 3, 2007, 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 included City Adnunistrator Verbrugge, Finance Director May, Communications Coordinator Cox and City Clerk Domeier. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated there were no additions or corrections to the agenda. 2. 2008 BUDGET AND LEVY PRESENTATION Finance Director May provided an overview of the 2008 Budget and Levy as part of the Truth-in-Taxation requirements. Mr. May also provided a PowerPoint presentation outlining the budget schedule, tax capacity rates, operating budget and other funding requirements. Council Member Sterner questioned the miscellaneous tax capacity rates. Mr. May stated the rates were associated with the Met Council for items such as mosquito control and transit tax. Mayor Droste opened the public hearing. Gary Webb, 13589 Athena Court, Rosemount, questioned the valuation of his home. He stated it was set for an amount which was more than his home was worth. Council Member DeBettignies stated the home valuations are set by Dakota County. City Administrator Verbrugge provided Mr. Webb the County Assessor's phone number. He encouraged Mr. Webb to contact the assessor in Nfarch to find out how to appeal the valuation placed on his home. DIr. May stated that Nit. Webb should contact the assessor before March to find out all the information required before he would go before the County board and appeal the assessed value. Mr. Verbrugge also mentioned the County's website address and explained the property and taxation features available on the site. Motion by Droste. Second by Baxter. Motion to close the public heating. Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL TRUTH -IN- TAXATION SPECIAL MEETING PROCEEDINGS DECEMBER 3, 2007 ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste and second by Baxter the meeting was adjourned at 6:53 p.m. Respectfully Submitted, Amy Domeier, City Clerk. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 4, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 4, 2007, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street Wiest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present included City Administrator Verbrugge, Director of Parks and Recreation Schultz, Finance Director May, Police Chief Kalstabakken, Community Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was lead by the Eagle Scouts. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated the addition to the Consent Agenda of item 6.o. Settlement of Special Assessment Appeal G1enRose of Rosemount, City Project #397. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the change to the Consent Agenda. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 5.b. Commendation for attainment of Eagle Scout rank Mayor Droste and Council Member Shoe- Corrigan presented Eagle Scouts Maxwell Corrigan, Phillip McDonald and Curtis Zink certificates of commendation. Curtis Zink's mother, Tina Zink, stated she was very proud to have worked with the scouts over the years. Each scout explained the different community project they performed. 5.a. Commendation of state championship for Dakota United adapted soccer team. Mayor Droste stated that the Dakota United teams bring together students from Rosemount and nearby conununitiess. Earlier this year the team won the state adopted soccer tournament. He presented team member Andrew 'Kinsella with an award for the team. Coach Tom Grothe provided more information about the team and the tournament. CONSENT AGENDA Council Member Shoe- Corrigan pulled item 6.a. Minutes of the October 30, 2007 City- Council Special Work Session Proceedings for further discussion. Council Member DeBettignies pulled item 6.h. Expenditure Approval from the Donation Account Parks Recreation Dept. for further discussion. Council Member Sterner pulled item 6.j. 2"' Reading Adoption of Right- of -\\'av Ordinance for further discussion. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 4, 2007 Motion by DeBettignies. Second by Sterner. Motion to approve the Consent Agenda with removal of items 6.a., 6.h. and 6.j. and to include item o as agreed on the agenda at the start of the meeting. a. Nlunttea of the Oct her 30, 2007 City Ginned Special Work S s?io.t Proceedi,.ga b. Minutes of the November 20, 2007 City Council Proceedings c. Bills Listing d. 2008 Liquor License Renewals e. LEES Supervisory Unit, Labor Agreement 2008 2009 f. Non Union Wage Adjustments for 2008 g. Donation Account Expenditure DARE h. Expcaditurc .lpprozal fr m tl1c Donation Account Parka Recreation Dcpt. i. Payment #3 Final Bacardi Tower Driveway, City Project 355 jr2 R adi g i Ad., f Right of Wayarduna.,ce k. Payment #5 Final Flint Hills Resources Sanitary Sewer Extension, City Project #406 1. Public Works Quality Standards m. Dakota County Community Development Agenda Redevelopment Incentive Grant and Redevelopment Planning Grant (Resolutions 2007 -107 and 108) n. Property Acquisition, 14330 Cameo Avenue o. Settlement of Special Assessment Appeal GlenRose of Rosemount, City Project #397 (Resolution 2007 -109) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.a. Minutes of the October 30, 2007 City Council Special Work Session Proceedings Council Member Shoe Corrigan requested that a small amendment be made to the minutes. Under Additional Updates she wanted the minutes to reflect not adding more numbers of homes to the current stock and she had recommended that models not selling should be replaced with new designs. She wanted to keep the number of models offered at the same number. Motion by Shoe Corrigan. Second by DeBettignies. Motion to approve the minutes. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. 6.h. Expenditure Approval from the Donation Account Parks Recreation Dept. Council Member DeBettignies stated that often times in Rosemount there are businesses and organizations that make donations. He recognized the First State Bank of Rosemount for their donation to Teen Night. He thanked all businesses and organizations in Rosemount that make events like Teen Night possible. 1 1 Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the donation expenditure of $640.58 for Teen Night Expenses. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. 6.j. 2n Reading Adoption of Right -of -Way Ordinance Council Member Sterner questioned if all the changes suggested by Xcel Energy were met and if Xcel Energy was fine with the final agreement. City Engineer Brotzler stated that significant communications took place with Xcel Energy regarding the ordinance. He stated some conditions were agreed upon as many of Xcel Energy's concerns were addressed. Staff was comfortable with the recommendations put forward and wanted to protect what was in the best interest of the City. Council Member Sterner questioned if there were comments from other parties. Mr. Brorzler responded that the three utility companies provided comments as a joint effort. He noted that all comments were included in the packet. Motion by Sterner. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 4, 2007 Motion to Adopt an Ordinance Relating to Managing and Administrating Use of Public Right -of -Way in the Public Interest and to Provide for the Issuance and Regulation of Public Right -of -Way Perrnits; Replacing City Code Section 4 -2 -1 through 4 -2 -5, effective January 1, 2008. Motion to Adopt a Resolution Amending Resolution 2006 -128, a Resolution Establishing Rates and Fees for 2007. Motion to Adopt a Resolution Authorizing Publication of Ordinance XI.30 Relating to Managing and Administering Use of Public Right -of -Way in the Public Interest and to Provide for the Issuance and Regulation of Right -of -Way Permits; Replacing City Code 4 -2 -1 through 4 -2 -5. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motions carried. (Ordinance 30.30, Resolutions 2007 110 and 11l) NEW BUSINESS 9.a. Approval of 2008 Budget: Setting 2008 Budget and Levies Finance Director May sununarized the information in the staff report and explained the Truth -in- Taxation requirements. He stated that the passing of the resolutions would allow staff to certify the levies to the County in a timely fashion, as well as to finalize all of the other reporting requirements that the City has with the State and County. 1 1 1 City Administrator Verbrugge explained the levy increase for 2008 noting that the total tax base growth was slightly higher. He explained the operating budgets and the general f budgets noting the 4% increase in operations. Council Member Baxter stated that Finance Director May's Truth -in- Taxation presentation on December 3 was well done. He also thanked City Administrator Verbrugge and department heads for being on the same team with the City Council during the budget process. Motion by Baxter. Second by DeBettignies. Motion by Sterner. Second by Shoe- Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 4, 2007 Motion to adopt a Resolution Approving the 2008 General Fund Operating Budget, the 21)08 Capital Improvetment Program (CIP) Budgets, the 2008 Insurance Budget, the 2008 Port Authority- Operating Levy and the 2008 Levy Required by the City of Rosemount. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. (Resolution 2007 112) Motion to adopt a Resolution Levying a Tax for Construction of a State Armory Building. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. (Resolution 2007 -113) Motion by Sterner. Second by Shoe Corrigan. Motion to adopt a Resolution Approval a Special Tax Levy for Funding of an Armory. Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2007 114) 9.b. First Reading: Liquor Ordinance Update City Clerk Domeier summarized the staff report. The liquor ordinance update was prompted by the freedom to breathe act that was passed on May 17, 2007. Effective October I the law does not prohibit smoking in outdoor areas regardless of the distance from building openings. A copy of the proposed ordinance was sent to local establishments and to date no comments were received. Ms. Domeier requested feedback on the proposed regulations that would be added to the code. 1 Motion by DeBettignies. Second by Shoe Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 4, 2007 Motion to hold Second Reading of the Liquor Ordinance Update on December 18, 2007. Ayes: Droste, Stemer, Baxter, DeBettignies, Shoe- Corrigan Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on December 18, 2007. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 8:1 1 p.m. Respectfully Submitted, Amy Domeier, City Clerk CITY COUNCILIPARKS RECREATION COMMISSION Special Joint Work Session Minutes December 10, 2007 APPROVED City Council Members Present: Mayor Bill Droste, Mike Baxter, Mark Debettignies, Kim Shoe Corrigan, Phillip Sterner, Parks Recreation Commission Members Present: Members Absent: None Maureen Bartz, Jason Eisold, Mike Eliason, Sandy Knight, Kevin Strayton Staff Present: Jamie Verbtugge, Administrator, Dan Schultz, Director of Parks and Recreation and Sonja Honl, Recording Secretary Student Volunteer: None Others Present: Jason Amberg, Brauer and Associates, Ltd. 1. CALL TO ORDER: The meeting was called to order at 6:35 p.m. 2. DISCUSSION: a. Outdoor Recreation Complex Schultz reviewed the history of the Outdoor Recreation Complex and the master plan including all of the amenities. Eliason stated that the Parks and Recreation Commission had done all they could to include amenities to meet the needs of user groups while working with the limitations of the size and topography of the site. The cost estimates for the site Were also included for review. The cost estimates were divided as follows: Base Facility Development On Site Costs; Base Facility Development Off Site Costs; Potential Add On Items On site Costs; and Potential Alternative Storm Water Management Items On Site Costs. The focus of the meeting was to discuss the master plan and cost estimates, the referendum, what other city funds could be used, the timeline, and any additional items to be added. The cost of lighting the complex was discussed. This item is listed in the Base Facility Development section. The total cost estimate was $960,000. The pros and cons of lighting the entire complex now or waiting to add lights to some sections later was discussed. There was concern from the Commissioners regarding adding lights after the surrounding property is developed. It is very difficult to do this because homeowners do not want lights installed after they have purchased their homes. The Council asked how the property owners will sell their land if there are lights there. After further discussion, Verbmgge stated that the bigger picture is where this fits into the funding. We have used $7,000,000 as the figure for our funding request. Parks dedication funds will be utilized to fund the preliminary design. Looking for sponsor /donations for lights was mendoned, but this type of funding was considered to be more suitable for a concession stand or scoreboard, not for lighting. Lighting is a part of the infrastructure of the complex. The possibility with initially lighting the most -used fields, and including the conduit to light the other fields in the future was mentioned as an option. The increased cost to add items in the future is also a consideration. Shoe Corrigan stated that she has seen outdoor toilets that were one fourth of the cost of those listed in the plan. Per Schultz, the project will be put out for bid and the cost will probably be lower. The signage for the complex was also discussed. It was suggested that we use signs like those in our other parks which cost approximately $3,000 each instead of $24,000 for two signs identifying the complex. Amberg interjected that the cost estimates ate conservatively high, and he expected that they would be approximately 20 °/o based on the current competitive bidding market. CITY COUNCIUPARKS RECREATION COMMISSION Special Joint Work Session Minutes December 10, 2007 There were questions about the cost of the maintenance building, its location, the need for it to have sewer and water and the need for a paved driveway to the building. The cost for this building was listed as $375,000, plus $76,325 for sanitary and water utilities, and $5,750 for an identification sign. Mayor Droste questioned the $200,000 to spend for a road to the building. Pc Schultz, it assumed that the road will be upgraded eventually. Shoe Corrigan stated that we will get half the money we spend back at that time Strayton asked what the limit was the City Council wanted to include in the referendum for the complex and if the St. Joseph's Church project is also to be included. Baxter stated that we are expecting more than just property owners to step up to help fund the complex. Per Schultz, we can also write grants for funding. As far as commercial businesses contributing, RAAA and RAHA struggle already to get sponsorship from them. It was suggested that we will have to look outside the community for this type of funding. Discussion went back to the maintenance facility and Shoe- Corrigan thought that the building could be left in the present location, but that the road to it not be paved and bathrooms not be induded as there will be portable toilets and bathroom facilities in the concession building. Schultz said that this can be added as an alternative in the bidding process. There was discussion on which fields to light. It was suggested that the outer fields be lit first, so there would be fewer problems as far as future home homeowners. 'There was brief discussion regarding tennis court needs and how to possibly meet these at other parks. Discussion moved to the playgrounds and whether two are needed. It was suggested to start with one, and another could be added in the future. There were questions about the 15% fee, number of people and hours involved. Schultz explained that the attachment included the people involved and what they do, but not the man hours, and the costs are estimates. Jason stated that it would probably work out closer to 8 Schultz asked for discussion on what items should be considered to make this most attractive to the public. Items such as St. Joseph's Church, Tennis Courts (lit) at Erickson Park, portions of the Trail/ Sidewalk Plan, paving Erickson Park parking lot and Improving Brazil Ave. Schultz asked if there were any other items that should be included. There was discussion on each of the items and which to include. Verbrugge gave estimates for the following: athletic complex $7,000,000; St. Joseph's project $750,000; Tennis Courts $500,000; Trail /Sidewalk project $1,000,000. The total referendum, spread over 20 years, on an average home value of $250,000 comes to $90 pet year per home. There was further discussion on tennis courts and putting them around the community. The possibility of the high school possibly lighting their courts was discussed. There is no benefit to them to light them; they play in the afternoon, so they probably wouldn't be interested in this. Shoe Corrigan mentioned that there are grants available from the USTA for lighting. The timeline for the referendum was discussed. A resolution would need to be passed in favor of the referendum, and then a 53 day waiting period is required. If everything goes accordingly, the referendum would be brought to the voters on April 8, 2008. It was suggested that another meeting be held on January 2, 2008 to further discuss this issue. Mayor Droste adjourned the meeting at 8:20 p.m. 3. ADJOURNMENT MOTION by Eisold to adjourn the meeting. SECOND by Bartz. Ayes: 5 Nays: 0 Motion passed. The meeting was adjourned at 8:39 p.m. 2 Respectfully submitted by Sonja Honl, Recording Secretary 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 12, 2007 Pursuant to due call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, December 12, 2007, at 6:37 p.m. in the Council Chambers at City Hall, 2875 145` Street West. Acting Mayor Baxter called the meeting to order with Council Members DeBettignies, Shoe Corrigan and Sterner attending. Mayor Droste arrived at 7:02 p.m. Staff members present were City Administrator Verbrugge, Assistant City- Administrator Foster, Senior Planner Zweber, Communications Coordinator Cox, City Attorney Vose and City Clerk Domeier. 2.E. Entrance Monuments City Administrator Verbntgge asked for feedback on the entrance monuments that were included in the packet. Council Member Sterner wanted the full City logo included on the monuments. Council Member DeBettignies mentioned that some churches did not like the words "Spirit of Pride and Progress" used within the same sentence. Council member Baxter stated that including the tag line could date the sign. The City Council agreed that monument two was the best choice and not to include the whole City logo. 2.D. Greening Initiatives City Administrator Verbrugge stated the primary issue for discussion was consideration of supporting the U.S. Conference of Mayors Climate Protection Agreement. He provided background on the internal evaluation of the City's operation and facilities. He also provided information about promoting the Dakota County HiPP nil he was active in and the "cool college presidents" agreement that was signed by Dr. Thomas. Mr. Verbrugge noted Mayor Droste supported moving forward but did not want to independent of the City Council. He added that the City would strive to achieve the items listed on the backside of the cover memo. The items would become a blue print of the City's greening initiatives. The City Council directed N[r. Verbrugge to move forward with a resolution for support at the January 2, 2007 City Council meeting. It was decided that Communication Coordinator Cox would do a press release once the agreement was signed. 2.B. Frontier Wireless Proposal City _Administrator Verbrugge stated that Mike Flynn had been talking to Mayor Droste about the Dakota Future economic development. Mr. Verbrugge stated that last month he, Mayor Droste and Mr. Flynn got together to discuss Frontier's interest in deploying a wireless network in Rosemount. He added that last week they met again with Maggie Quinn and Council l\lember Sterner to talk about the details of Frontier's proposal. He stated the deployment would include the commercial area of Rosemount. Ms. Quinn provided a power point presentation on Frontier Wireless data services. She spoke of capital monies available for 2007 if deployment would begin before year end. She added that Frontier was a leader in telecommunications industry. Mr. Flynn showed a piece of the equipment. He also explained the predictive wireless protocol and that it would have automatic configuration and would be self healing. He 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 12, 2007 stated the next step was to work with the City to create a network. Frontier was looking for support from the community. He stated it was a capital project for Frontier to undertake for their current customers and others in the City. Council Member DeBettignies questioned the cost to sign on. Ms. Quinn replied that if a resident had existing high speed i ternet it would be an additional $9.99 per month. There would be mobile access anywhere there is service. Mayor Droste questioned if they intended to stay south of the river. Ms. Quinn replied that they had not met with Lakeville but were in discussions with Apple Valley. Council Member Shoe Corrigan questioned if a new product was developed would the City receive an automatic upgrade. Ms. Quinn responded that if the standards change they would upgrade their equipment to support the standards. Council Member Shoe Corrigan then questioned if that language would be in the contract. DIr. Flynn stated that was not in the agreement and that most changes are software related. Mr. Verbrugge talked about the issues raised by staff. He questioned what level of commitment was necessary to receive the fund available Ms. Quinn suggested working toward a resolution of the pole agreement before doing a letter of intent. City Attorney Vosc stated the document was labeled a permit but described as a pole attachment agreement. He thought of it as a lease situation. Ms. Quinn stated she wanted to look at it as sinply as possible. Mr. Verbrugge questioned the proposed attachment fee and how the fee compared with what Frontier may compensate private providers. Ms. Quinn stated that in Burnsville they used private places and didn't pay anything. Mr. Verbrugge questioned the plan, design path and how many City facilities were included. Ms. Quinn replied that Frontier was researching the area to see what spots made the most sense to use. Mr. Vose questioned Frontier's intent to be leasing the space for a particular kind of facility. He was concerned about the size, weight and color of the devices going on City property. He questioned if Frontier would be open to the Croy uniting what could be put on Gib' facilities. Mr. Flynn stated that typically Frontier mounts an antenna on a 14 pound white box. Ms. Quinn added that the device brought to the meeting was the average sized box. Mr. Vose questioned if Frontier would just be using poles located within the right -of -way and public places such as Cit Hall. He was concerned about public policy from using light poles to everything the City owns within Rosemount. Mr. Flynn stared that the City would dictate where Frontier could be located. If Frontier was not allowed to locate in a specific spot they would pick a different location. Ms. Quinn added that Frontier would present the City with a network plan. The City would review the plan and pick what locations were allowed. ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 12, 2007 Council Member Shoe- Corrigan questioned how long it would take a new hotel to become a hot spot. Ms. Quinn stated that Frontier just provides the infrastructure to get the project started. Mayor Droste questioned the market data and if having fiber of wifi in front of a home would add value to the home. NIT. Flynn stated that fiber could add up to $4,000 hi value. He stated that wifi was different noting there was an economic consideration for residents and business potentials. Mr. Verbrugge questioned Frontier's commitment and at what point would they be comfortable building out for the full coverage area. He was concerned about the benefit if it was only limited to the commercial area. He wanted consideration for adding a free hot spot at Central Park, the high school football field or Ericson Park. Ms. Quinn stated that Frontier would be willing to invest in additional equipment to have Central Park covered. It would be an extension off the network. She envisioned that the use would be casual and noted that some cities have sponsored a hot spot and paid a certain fee each month. The cotntnunity build out would be considered but that Frontier would want to make sure it would make sense for Frontier to take on the project. She stated a lot of Frontier services are offered a la carte. Mr. Flynn stated the intent was to deliver the service in a way no other provider currently offered. Council Member DeBettignies questioned the footprint of the commercial area. Mr. Flynn replied it included County Road 42, Highway 3 and perhaps some other areas. Ms. Quinn added that Frontier was also looking to add DCI'C. Mr. Verbrugge questioned if Frontier would provide the City with user rates and numbers so the City could gauge if the residents found the service important. He questioned using a confidentiality agreement. Ms. Quinn stated she would check unto that question. Mr. Verbrugge questioned the City Council's comfort level. He suggested doing a letter of understanding. Mr. Vose stated concern about the $15 per pole fee. Mayor Droste stated he would be mad to find out that Apple Valley got a different rate and same equity within reason. Ms. Quinn stated she was not part of the Apple Valley negotiations. The City Council agreed to move forward with a letter of intent. Ms. Quinn would check into Frontier's acceptance of the letter. Frontier wanted to have an agreement in place by Chrisunas and the City Council agreed to have the item on the December 18 agenda. 2.C. Transfer of Cable Franchise to Rudder Capital Corporation City Administrator Verbrugge provided background on the project and summarized the staff report. He stated that a First Reading of the Ordinance would be held on December 18 with the Second Reading following on January 2. He explained the different phases of the project build out. He added that Rudder was very interested in deploying a wireless service along with their fiber connection. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 12, 2007 City Attorney Vose questioned if the City Council believed Rudder was qualified to be the owner of the company. He noted that the City did not have amend the franchise but that Rudder was making a business case for doing it. He added that legally the City can approve the amendment but cautioned the potential legal argument that Charter could make. Commissioner Sterner questioned the penalty phase. Mr. Verbrugge explained that when the penalty fee was imposed the City collected $34,000 in fees. He stated that money was used to fund the technology study. The City has stopped collecting penalty fees from Rudder. The City Council was comfortable moving forward with the transfer starting with a First Reading on December 18. 2.A. Robert Street Transit Corridor Dan Krom, Dakota County Transit Manager, presented an update on the Robert Street Corridor feasibility study. He provided a slide show presentation on the transit corridor. He provided the City council with the comments he received and the public meetings. Discussion ensued between Mr. Krom, the City Council and staff regarding transportation. Mr. IKrom asked the City Council to email any comments to hint He added they could also share their comments with Senior Planner Zweber. UPDATES 3.A. City Organizational Meeting City .\dnwiisuat Verbrugge stated that appointments were needed for the DCC Board. It was decided amongst the City Council that Council Member Baxter would serve as the City's representative and Council Nlember Sterner as the alternate. Changes were made to the 2008 City Council meeting calendar. The goal session would be held on January 25 and 26. A special work session would be held on January 2 to discuss the Outdoor Recreation Complex. Additional changes included the meeting scheduled for August 5 \will be held on August 4 so that Council Members may attend National Night Out. In addition, the schedule change included a start time of 8:00 p.m. on November 4 due to Election Day statutes. Discussion was held regarding the designation of the official newspaper. After reviewing the circulation, amount of Rosemount news included in each newspaper, publication fees and deadlines it was decided that the City would continue using Rosemount Town Pages. ADDITIONAL UPDATES City Administrator Verbrugge stated that his evaluation was soon due. He questioned the idea of using a "coach" and having a thud party who facilitates the process. Mayor Droste suggested holding out one election year. Council Member Shoe- Corrigan favored doing an evaluation every six months. She asked Mr. Verbrugge to bring goals to the goal session so the City Council could provide feedback. Council Member Baxter questioned using a different evaluation form and though the City Council could do the evaluation without outside help. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS DECEMBER 12, 2007 Council Member Sterner explained setup of the Northwoods Minor League Baseball team. He thought that the team would be able to use a field at the Outdoor Recreation Complex. Mayor Droste stated that local terms should be the ones using the fields. City Administrator Verbrugge asked Council Member Sterner to find out the team's scheduling. Council Member DeBettignies added that the team should contact Dan Schultz. Council Member Sterner did not support bulldozing the homes on Cameo Avenue. Instead he would support a program that would look into moving the homes by the railroad tracks. Council Member DeBettignies stated that if someone can use the house that is great but stated the moving costs would be high. Council Member Shoe- Corrigan cautioned that by doing a subsidy it would be giving away tax dollars. City Administrator Verbrugge stated he would check with legal counsel. He added that staff discussed using the homes as shelter homes in coordination with the CAC. Council Member Sterner suggested a commode replacement program that would encourage residents to use a 1.6. gallon toilet as a way to conserve water. It was decided that a public education piece around greening initiatives, including a cotmnode section, would be inserted in a future utility billing. Council Member Baxter stated that he and City Administrator Verbrugge attended the Dakota County' Regional Luncheon. He added that the Chamber was upbeat about the agreement reached with Dr. Hansen and moving forward with Downtown Redevelopment. Mayor Droste stated the City received the full grant amount from the LCA. He added that starting June 8 the MVTA will be adding an express service out of Rosemount. Mayor Droste will be meeting Roger Rehbling on December 20 to discuss the senior issues. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 9:55 p.m. Second by Sterner. Respectfully Submitted, Amy Domeier City Clerk 1 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 18, 2007, 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 included City Administrator Verbrugge, Director of Parks and Recreation Schultz, Finance Director May, Police Chief Kalstabakkcn, Conmumity Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, Project Engineer Dawley, City Attorney LeFevere, Communications Coordinator Cox and CM Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated there was additional information for item 9.d. Mayor Droste added that lie would provide an update on the Livable Communities Grant as item 5.a. Motion by Droste. Second by Sterner Ayes: 4 Nays: 0. Absent: Shoe Corrigan. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Motion to adopt the Agenda with additional information for 9.d. and item under 5.a. DEPARTMENTAL REPORTS /BUSINESS 5.a. Livable Communities Grant Mayor Droste announced that on December 12 the City of Rosemount received a grant for over L5 million dollars. The LCA was created by the State legislature in 1995 to be administered by the Met Council. The LCA provides funding to communities to reinvest in their communities. He provided more background on the LCA program and grants. Mayor Droste stated the grant will be used on the Downtown project. He thanked Community Development Director Lindquist, City Engineer Brotzler, Communications Coordinator Cox and Senior Planner Zweber for putting together the grant application. He noted that most of the money would go towards infrastructure costs in the Downtown. He stated the City was very appreciative of the Met Council's approval. CONSENT AGENDA Council Member Sterner pulled items 6.h., p., q. and x and Mayor Droste pulled item 6.o. for Stiller discussion. Motion by DeBettignies. Second by Sterner. Motion to Approve the Consent Agenda with the removal of items 6.h., o., p., q., and x. a. Minutes of the November 7, 2007 City Council Special Meeting Proceedings b. Minutes of the November 7, 2007 Special Work Session Proceedings 1 c. d. e. f. g i. 200S Liquor License Renewal j. Second Reading and Adoption: Liquor Ordinance Update k. On Public Premise Liquor Licenses 1. Firefighter Relief Association Benefits Adjustment m. 2008 Schedule of Rates and Fccs (Resolution 2007 -116) n. 2008 Solid Waste Haulers Licenses o. Tra Cit, USA R €“c.tification Posneer, Cit. P, j<ct l i g Final Payment #8 HUT Business Park Street and Utility Improvements, City Project 402 s. Final Payment #8 Crosscroft 3r Street and Utility Improvements, City Project #403 t. Payment #13 Final Old County Road 38/132 Court West Street and Utility Improvements, City Project #387 u. Resolution of Approval for CDBG Application (Resolution 2007 -117) v. \'esterra, LLC and Stonex, LLC Mineral Extraction Permit Renewals, 07 -43 -ME w. Shafer Contracting Nlineral Extraction Permit Renewal, Case 07 -42 -ME x E erino.,r C,,ascr,.ft 3" AJditic.n Nfaj r Pla..t.,d Ui.it Dcvcl p.., ..t ,lmcnd.n,.d (D. 1lo.t.,,,, bre.), Ca3c 07 3B-A4.14; y. Lennar Corporation Glendalough Minor Planned Unit Development (PUD) Amendment, Case 117- 44 -AMD (Resolution 2007 -118) r. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Minutes of the December 3, 2007 City Council Proceedings Minutes of the December 4, 2007 City Council Proceedings Bills Listing Expenditure Approval From the Donation Account Parks Recreation Dept. Budget _Amendments (Resolution 2007-115) Ayes: Droste, Sterner, Baxter, DeBettignies Nays: None. Absent: Shoe- Corrigan. Motion carried. 6.h. Transfer of Deputy Registrar Office to Dakota County Council Nlember Sterner stated he was not comfortable supporting the moving of the Deputy Registrar's office. He stated at City Hall they do a good job of offering customer service and that it brings in revenue for the City. Finance Director May stated that the Deputy Registrar services have been provided at City Hall for over 20 years. In that time, citizens have approached the City about buying the business. The only way to transfer the title would be to another government agency since the State would not allow a private enterprise to take it over. He stated the service has never been a money maker but has been a benefit to residents. Once the service is allowed at the new library residents will be able to renew their driver's licenses which is a benefit currently not offered in Rosemount. 1 City Administrator Verbrugge stated that the direction given by the City Council was to convey the license tab issuance to Dakota County. The new library was planned with the Depute Registrar space as part of the construction. Council Member DeBettignies stated that the service to residents will be enhanced by the transfer. He stated the deal was well planned and a move he supported. Motion by DeBettignies. Second by Baxter. Motion to adopt A Resolution Resigning the Appointment as Deputy Registrar. Ayes: Droste, Baxter, DeBettignies. Nays: Sterner. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 -119) 6.o. Tree City USA Recertification Mayor Droste pulled the item to talk about the buck thom and emerald ash borer tree diseases that are prevalent throughout Dakota County. He stated the City recognizes Arbor Day in the spring and the City Council should have discussion regarding the two tree diseases. He shared data about tree diseases and directed staff to schedule discussion on the issue at a future work session. He also wanted the public to become more informed when doing a mailer about Arbor Day. Motion by Droste. Second by Sterner. Motion to approve the application for recertification for the Tree City USA award. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. 6.p. Receive Feasibility Report/Set Public Hearing -2008 Street Improvements Project, City Project #418 Council Member Sterner pulled the item because his house in located on the street that is part of the improvement project. He stated that while he supports the project he would abstain from voting on the item. Motion by Baxter. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Motion to Adopt a Resolution Receiving the Feasibility Report and Setting a Public Hearing for the 2008 Street Improvement Project, City Project #418. Ayes: Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Abstain: Sterner. Motion carried. (Resolution 2( 0' 120) 6.q. Cost Share Agreement Prestwick Place, City Project #409 Council Member Sterner requested more information about the project. City Engineer Brotzlcr stated it was a proposed Cost Share Agreement for fume improvements with the 1 Motion by Sterner. Second by Baxter. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Prestwick Place development. He stated the goal was to identify future funding obligations of the parties involved in the overall project. The parties included Arcon, Pemtom, Alu-on42, US Homes and Dakota County CDA. Motion to Enter into a Cost Share Agreement for Prestwick Place, City Project #409, and Authorize the Necessary Signatures Subject to Final Review by the City Administrator and City Attorney. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoc- Corrigan. Motion carried. 6.x. Evermoor Crosscroft 3r Addition Major Planned Unit Development Amendment (D.R. Horton, Inc.), Case 07- 38 -AMD Motion by Sterner. Second by Droste. Motion to move the item to the January 2 meeting due to concerns by Council Members Sterner and Shoe- Corrigan. Council Member DeBettignies questioned the concerns of Council Member Sterner. Council Member Sterner stated his concerns with the changes to the plan and to the impervious surface coverage. He did not see a benefit to the City to allow any changes. City Administrator Verbrugge stated that Council Member Shoe- Corrigan expressed similar concerns about the impervious surface and also asked that the item be continued. Mayor Droste questioned if the continuation would affect the 60 day timeline. Community Development Lindquist stated that the applicant was available to answer any questions or concerns. City Attorney LeFevere explained the rules regarding the 60 day law. Ms. Lindquist stated she did not have the application information with her to confirm what day the City received the request. She did note that the applicant could verbally agree to the extension. Ron Mullenbach with DR Horton stated that while he preferred action be taken at the meeting he would agree to the january 2 extension. Ayes: Droste, Sterner, DeBettignies Nays: Baxter. Absent: Shoe Corrigan. Motion carried. NEW BUSINESS 9.a. Approval of an Ordinance Amending Title 9 of the City Code, Adding Chapter 8 Relating to Rental Licensing and Inspection Community Development Director Lindquist stated the program would involve the building division inspecting rental properties even two years along with a licensing requirement. She added that there was a tenant conduct provision associated with the rental of units. Revisions were made to the verbiage from the last work session. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Ms. Lindquist stated that staff received a few calls since the letter and draft ordinance was sent to non-homesteaded properties. Some residents were not overly happy about the ordinance but showed more concern about the implementation and what it meant to the landlords. She added that the Ciry received formal continents from the multi- housing program. Ms. Lindquist stated that the second reading would be held on January 2, 2008. After the ordinance is adopted, staff will send out letters to property owners to set up and inspections along with a copy of the final ordinance. Council Member DeBettignies questioned the penalties language and if a tenant were not to be licensed one year would are the penalties retroactive. He questioned if the penalties are case by case and if previous years are wiped out. City Attorney LeFevere stated that not having a license is only on of the violations a landlord could be guilty of and noted a landlord may get a new license and be subject to past penalties. He stared that similar to any other code violation you start with the education about obtaining a license. He compared the process to obtaining a solicitor's license. Ms. Lindquist added that staff has told landlords they would be conservative. In code enforcement the City uses best judgment all the tine in moving forward with a violation. Mr. LeFevere noted there was staff discretion but that some issues would come before the City Council. Council Member Sterner questioned if the fees would be prorated. Ms. Lindquist stated the fee was nominal and did not cover all of the administration time. She explained the cost for the housing associations and the per unit basis noting that larger units would cost more. Chief of Police Kalstabakken stated that a 96 townhouse unit owned by one owner was the largest. Mayor Droste questioned if a license and lease would be required if a parent allowed adult children to live in their home. Ms. Lindquist replied that any formal lease would require a rental license. Mr. LeFevere stated at times there may be an oral lease. Whether it's family or not if you make a dwelling available and you are not renting you wouldn't require a license. He stated there would always be a gray area. Council Member Sterner talked about transfers. Mfr. LeFevere responded that processing transfers would be more of a burden to argue then to do the arithmetic. Motion by Baxter. Second by Sterner. Motion to Hold the First Reading of the Ordinance. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe- Corrigan. Motion carried. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 9.b. Receive Feasibility Report/Authorize Plans and Specifications Akron Avenue Trunk Utility and Railroad Improvements, City Project #417 Project Engineer Dawley provided an overview of the proposed improvements. The improvements included the proposed extension of trunk sanitary sewer and water facilities along Akron Avenue, improvements to the at- grade railroad crossing on Akron Avenue and the construction of the \ICES sewer interceptor line. Council Member Baxter questioned the cost of the easements and who the City would be getting easements front. City Engineer Brotzler stated that the easements were listed in the report. The goal is that the developer /property owners along the corridor will work with us to provide the necessary easements without compensation. He added that the alignment proposed was within the existing county road easement by prescriptive rights. Motion by Sterner. Second by Baxter. Motion to Adopt a Resolution Receiving the Feasibility Report and Authorizing the Preparation of Plans and Specifications for Akron Avenue Trunk Utility and Railroad Improvements, City Project #417. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 -121) 9.c. First Reading of an Ordinance Amendment to the FTTH Cable Franchise City Administrator Verbrugge requested that the City Council conduct the first reading of the ordinance amendment and schedule the second reading for January 2, 2008. He provided the background of the franchise granted to in 2002. The cause for the amendment was required by the operator to revise the build out schedule. Motion by Baxter. Second by Sterner. Motion to Conduct the first reading. Ayes: Baxter, DeBettignies, Droste, Sterner Nays: None. Absent: Shoe Corrigan. Motion carried. 9.d. Frontier Wireless Agreement City Administrator Verbrugge stared that legal counsel has been working with staff and Frontier's legal counsel to draft an attachment agreement. He stated two outstanding issues. The first was working out the technical specifications regarding the interference which may affect the scada radio system. Secondly, he shared concerns about Frontier deleting the most favored nation's clause. Council Member Baxter stated that Frontier provided a good presentation at the work session and he thought it seemed like a good deal. He did not feel the same sense of cooperation now that he got at the work session. He stated it was a big deal that the clause was coming out of the contract. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Mike Flynn with Frontier hoped the removal of the clause did not take Frontier off the track. His commitment was to work very hard to deliver everything they had promised and more. He added that Ccnual Park would be included in the services provided and Frontier will work hard to make sure Rosemount gets everything it expects. fie stated that Rosemount has worked extremely well with Frontier. Mr. Verbrugge stated the City's expectations were that the wireless installation would be done in the proposed commercial areas along County 42 and the Downtown and in the future may expand to residential properties. Mayor Droste added that the requirements from the City will allow Frontier to add equipment items to street lights and water towers. He stated there would be no financial involvement from the City. He also agreed with Baxter and recommended that a motion be made as presented before the City subject to legal counsel working out the technical specifications and an acceptable most favored nation's clause. DeBettignies offered a friendly amendment to add under legal and staff discretion. Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent: Shoe Corrigan. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on January 2, 2008. He wished everyone a safe and prosperous holiday season. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 9:13 p.m. Respectfully Submitted, Amy Domeier, City Clerk