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Home My WebLink About34700 - JANUARY - DECEMBER 20081 1 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Wednesday, January 2, 2008, at 7:30 p.m. in the Council Chambers at Croy Hall, 2875 145i Street West. 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, Community Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated the Consent Agenda addition of item 6.p. 2008 Solid Waste Haulers Licenses. He pulled item 5.a. Recognition of Joe \\'erden, Employee of the Year and moved item G.I. Evennoor Crosscroft 3' Addition Major Planned Unit Development Amendment (D.R. Horton) from the Consent Agenda to Old Business 8.b. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda. Ayes: 5 Nays: 0. Motion carried. Motion by Droste. Second by Shoe- Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 DEPARTMENTAL REPORTS /BUSINESS 5.b. Acknowledgement of Award of Certificate of Achievement for Excellence in Financial Reporting Finance Director May stated that for the 11` consecutive year, the Government Finance Officers Association awarded the City a Certificate of Achievement for Excellence in Financial Reporting. The award recognizes the City's comprehensive annual financial report for the fiscal year that ended December 31, 2006. He stated that the report was accepted by the City Council during its regular meeting on June 5, 2007. lie stated the 85 -page report could be downloaded from the City's website on the Finance Department page. Mayor Droste stated that receiving the award for 11 consecutive years said a lot about Mr. May and his staff. He appreciated the hard work of the Finance Deparmtent. 5.c. Proclamation of National Mentoring Month Mayor Droste stated that for die seventh year, community leaders across the nation were identifying the month of January as Nadonal Mentoring Month. He also explained more about the Kids `n Kinship program in Dakota County. Motion to approve the Resolution Proclaiming January, 2008, as National Mentoring Month. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. (Resolution 2008 -01) CONSENT AGENDA City Adtni istrator Verbrugge pulled item 6.e. for further discussion. Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda with the exception of items e and 1 and the addition of item p. a. Bills Listing b. Appointments to DCC Board of Directors and Executive Committee c. Appointtnent of .Acting Mayor d. Appointment of \Feed Inspector f. Designation of Official Newspaper g. Gambling Premise Permit Rosemount Lions (Resolution 2008 -02) h. Resolution Approving Transfer of Control over FTTH Communications, LLC (Resolution 2008 -03) i. Second Reading of an Amendment to Rosemount Ordinance No. X1.23 j. Nanning of Depositories Financial Institutions (Resolution 2008 -04) k. Transfer /Loan Flexible Spending Account 1. Lt ..mac,,,, Cr scroft 3 Add. Mayo. Planiicd Unit Dcvcl pme nt Amendment fIDTR=1-1-o-rt-ont m. Change Order #1 Well #15, City Project #408 n. Joint Powers Agreement 2008 -2009 Traffic Markings, Cracksealing and Sealcoating o. Change Order #2 2007 Street Improvements Project, City Project #410 p. 2008 Solid Waste Haulers Licenses Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. 6.e. 2008 City Council Meeting Schedule City Administrator Verbrugge stated that additional changes would need to be made to the meeting schedule. The regular meeting on Februan 5 would need to be changed due to caucuses and the work session on March 12 due to the NLC conference. The City Council decided that that the February 5 meeting would be held on February 6 and the work session would be held on Thursday, March 13. Motion by Droste. Second by Sterner. Motion to Adopt Changes to the 2008 City Council Meeting Schedule including the February 6 and March 13 meeting dates. 1 1 1 Ayes: 5 Nays: 0. Motion carried. PUBLIC HEARING 7.a. Rosemount American Legion Liquor License Amendment City Clerk Domeier stated that an On -Sale Club Liquor License and Special Sunday Liquor License amendment request was made by the Rosemount American Legion (the "Legion to include an outdoor patio area located at 14590 Burma Avenue. If the City approved the amendments they would be filed with the Minnesota Department of Public Safety's Alcohol and Gambling division. The Legion plans to add a partial patio for protection from weather. The patio fence will thatch the existing area with a greenhouse polycarbonate attached to the fence for wind protection. Another door will be added to allow direct access to the patio from inside the building. She added that the entrance on the north side will be converted into an enter only /exit only access with a vertical separation into the common areas. Pattons will only be able to access the patio from the inside of the building. The Legion will be required to meet all the standards of Ordinance XVI.57 related to outdoor patios and decks that was adopted on December 18, 2007. However, existing and ongoing construction will comply with approved building permits. That means the fencing will not be consistent with the ordinance but it was initiated prior to ordinance adoption. Ms. Domeier added that the Legion would need to obtain a Certificate of Occupancy for the building permits required to build the patio roof structure, vestibule modifications and the railing/ fence. 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 DeBettignies. Second by Sterner. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Motion to adopt a Resolution approving an amendment to Rosemount American Legion's On -Sale Club Liquor License and Special Sunday Liquor License. Aye: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 2008 -05) 8.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 requested a second reading of the proposed Ordinance. She spoke of the changes outlined in the staff report. She added that a motion would also needed for the publication summary Resolution. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Council Member Sterner questioned if the inspection fee was per unit. Ms. Lindquist replied that it was per unit. She did receive feedback from the Minnesota Multi- Housing Organization and some residents on the cost of license. She added that the fee should be considered nominal as it would nor cover all administrative fees associated with the program. Council Member DeBettignies questioned the license period and if leap year was taken into consideration. City Attorney LeFevere suggested changing the language under 9- 8 -4(c) to the last day in February. Lee Ostendorf represented Rosemount Plaza Apartments. She was concerned about the fees. She stated the building was a MHFA building and that rules and regulations were in place that management needed to abide by. She stated the agency sets the rental rates and since the building is subsidized it should be exempt from the inspection fees. She added that internal inspections and MHFA inspections that are performed through Federal HUD every three years or more depending upon the findings. Mayor Droste questioned if other cities allow exceptions. Ms. Lindquist replied that her only experience was in a past community where the community had rental inspections because of the Section 8 status. She added that the CDA was aware they would be subject to the inspections. Mr. LeFevere stated that being classified as Section 8 was not necessarily a basis for exempting properties from an inspection. He indicated that if the Council was aware of the regulations governing a building and the regulations meant that the upkeep and maintenance requirements were more stringent than the City's intent, and the Council was comfortable that the regulations were well- enforced, that could be cause for an exemption. An example would be a nursing home which is licensed by the State, and is exempt from the proposed local ordinance Discussion ensued regarding the waving of the fees. More work would need to be done to determine which types of organizations should be precluded from the Ordinance. Mr. LeFevere recommended adopting the ordinance in the current form and to modify it at a later date. Marge Anderson, the property manager at Rosemount Plaza, stated that the units were occupied by seniors and handicapped individuals. She stated that tenants become overwhelmed by inspections. Council Member DeBettignies stated the ordinance is for the protection of those renting properties. He found no need to change the ordinance noting the fee was minor in comparison to the man hours and inspection time spent. Motion by DeBettignies. Second by Baxter. Motion to Adopt the Ordinance Amending Title 9 of the City Code Adding Chapter 8 Relating to Rental Licensing and Inspection. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. 1 1 1 Nays: None. Motion carried. (Ordinance 3CI.32) Motion by DeBettignies. Second by Baxter. Motion to Approve the Resolution for publishing. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. (Resolution 2008 -06) 8.b. Evermoor Crosscroft 3 Addition Major Planned Unit Development Amendment (D.R. Horton, Inc.), Case 07- 38 -AMD Community Development Director Lindquist stated D.R. Horton requested approval of a major Planned Unit Development Amendment to allow an increase in the impervious surface coverage from 30 to 35" 4. for four lots in the Evermoor Westport neighborhood. She provided history on Planning Commission action. She added that the applicant noted the changes in the Building Code and the slow down in the housing market combined, limited the marketability of some lots. Council Member DeBettignies questioned the setbacks. Ms. Lindquist replied that the lots meet the 10 foot house side, 5 foot garage side and 35 foot front setbacks. Council Member Sterner questioned if the situation is considered a hardship. Ms. Lindquist explained that the lots are part of a PUD. The regulations are built into the agreement. The request is an amendment to a PUD not a variance request. She stated that State law regarding hardships is related to variance requests. Council Member Shoe Corrigan stated that originally Dr. Horton planned to have detached town houses on the lots. DR Horton asked to change that due to market conditions and they knew the lots would have limited housing options available. Ms. Lindquist stated the styles of homes available to go on the smaller lots are not selling and she noted there was a change in the building code for stairs. Council Member Shoe Corrigan found the request for the four lots to be a waste of staff time. She stated that DR Horton had already received concessions. She wanted to be fair and reasonable to other residents in the neighborhood. She was also concerned about the variances that would be needed to build sport courts, pool and other amenities on the lots. Mayor Droste stated the City would always be educating residents as to what is allowed on a lot and why we have restrictions on impervious surface. The market is slow and the requested change is not dramatic and will not impact the integrity of the neighborhood. Council Member Sterner questioned if in exchange for the PUD Amendment there would be additional trees or rain gardens on the four lots. Ms. Lindquist stated there were not additional trees planned for the four lots. However, it was recommended as a part of the approval that additional landscaping in other areas be installed to provide buffering between neighborhoods. 1 1 Ron Mullenbach with DR Horton stated that they were averaging 25 percent coverage on their current lots. He stated that not every lot was being developed to the maximum. He added that the covenants did not allow for sheds and that sport courts and pools were subject to association rules. Mr. Mullenbach stated that the decision to move to a single family product from the detached town homes was from interaction with the association as well as market conditions. He stated that the landscaping had been Unproved. Council Member Shoe Corrigan questioned why they did not change the housing stock instead of asking for impervious surface changes. Mr. Mullenbach replied that the design process would take six months. They found an amendment to be an easier route. Council Member Shoe- Corrigan noted the voting at the Planning Commission level. She thought it would make more sense to come back with a housing style that fit the lots. Council Member DeBettignies had no problem moving forward for the four lots and 35% coverage. He stated the additional 54'b would not visually impact the neighborhood. Motion by DeBettignies. Second by Baxter. Motion by DeBettignies. Second by Baxter. Ayes: Droste, Baxter, DeBettignies Nays: Shoe Corrigan, Sterner. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 Motion to adopt a resolution approving a major Planned Unit Development (PUD) Amendment to allow an increase in the impervious surface coverage from thirty (30) to thirty -five (35) percent for four (4) lots in the Evermoor Westport neighborhood legally described as Lots 16 and 18, Block 2 and Lots 2 and 3, Block 4 of Evermoor Crosscroft 3' Addition, subject to conditions. Ayes: DeBettignies, Droste, Baxter Nays: Shoe Corrigan, Sterner. Motion carried. (Resolution 2008 -07) Motion to authorize the mayor and city clerk to execute an amendment to the PUD agreement for Evermoor Crosscroft 3` Addition. ANNOUNCEMENTS City Adtnitustrator y'erbrugge stated that from this meeting the City Council will hold a special work session and at the conclusion go into closed executive session for labor negotiation discussions. He added that the City Council would adjourn from the closed session. Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on January 15, 2008. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 2, 2008 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, Any Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JANUARY 2, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Wednesday, January 2, 2008, at 9:02 p.m. in the Conference Room at City Hall, 2873 l45` Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBertignies, Shoe Corrigan and Sterner attending. Staff members present were City Administrator Verbrugge, Director of Parks and Recreation Schultz, Finance Director May, Assistant City Administrator Foster, CM; Engineer Brotzler, Communications Coordinator Cox and City Clerk Domeier. DISCUSSION 2.A. Parks and Recreation Referendum Director of Parks and Recreation Schultz provided three different options for a referendum and the taxpayer's estimated costs. He provided different scenarios and costs per year based on 20 years and a home value of $250,000. Mayor Droste questioned if the homeowner's tax statement would show a special item for the referendum. Finance Director May stated that under the City taxes it would show up separately but would be added to the amount for the fire station referendum. St. Joseph Facilities Director of Parks and Recreation Schultz provided a floor plan of the church and surrounding area The improvements proposed would allow the public to use the facility and the City to manage it. The plan was to add an assessable ramp to the front, a ramp to the staging area, restrooms, mechanical space as well as including air conditioning, a new boiler, and cosmetic changes. Some of the cosmetic changes include upgrades to the ceilings. Mr. Schultz explained that the architect wanted to add restrooms where they wouldn't limit the view and would be close to the sewer line. The proposed restroom location would also have good access from a door by the stage. He added that the lobby area could serve as a ticket booth location and future location of additional restrooms. Mr. Schultz provided 3D view of the proposed church drawings. He stated the back of the building would not look much different and that the brick would be matched as close as possible. The pLan also included an enlarged stage. He added that side exterior and front building changes would provide accessibility with new stairs and ratnps. The church did not have any fresh air returns. He added that a final walk through would take place on Friday and that by the following week he would know what the final project would include. Council Member Sterner questioned the use of the bathroom in the basement. Mr. Schultz replied that the restroom would be removed and become a new mechanical and storage area. Iltayor Droste was concerned with the neighborhood to the back of the church. He stated it would be a great place to build a garden and add a patio space. He stated they may need an exit at the back side of the church. Council Member Shoe Corrigan felt anyone would think the improvements proposed were reasonable. Council Member Baxter worried that the 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JANUARY 2, 2008 addition to the back of the church would block the entrance to the school. Mr. Schultz figured there would be at least 12 feet in between those areas. Council Member Baxter suggested removing the wall between the foyer and the balcony. Mr. Schultz noted that in Lakeville they used that space to display public art. He added that the wall may have structural significance. He would check further into Council Member Baxter's request. Council Metnbcr DeBettignies questioned if the intent was to keep the balcony. Erickson Park Tennis Court Layout Director of Parks and Recreation Schultz provided more information on the proposed tennis court layout. He talked about the seating and fencing options, the trail system and possible additional parking. With the increase in impervious surface he would need to work with the engineering department regarding the stormwatet. He believed that the estimate cost based on the concept plan was $563,974.95. Further study will need to be done to ascertain costs for the stormwater and grading. Council Member Baxter questioned how many fields would be removed. Mr. Schultz replied that one soccer field would be removed but noted it was a great location for the tennis courts based upon where the trails were located. He planned to ask the school to participate in a cost share. Council Member Shoe Corrigan stated they could receive a grant to light the courts. Mr. Schultz stated that with all projects he planned on writing grants to offset the costs. Discussion ensued regarding the Lighting of tennis courts. Mayor Droste stated that most kids would not be allowed to cross the busy highway to get to the courts. Council Member Shoe- Corrigan pointed out that the courts could be used for tournaments and not just for recreation. Council Member Sterner thought the location was great because of the proximity to the trail system. Council Member Baxter questioned what could be done with the courts in the winter. Mayor Droste suggested putting a dome over the courts so they could be used year round. Mr. Schultz stated they could look into other options but wanted to keep the costs in mind. Council Member Baxter stated it would be nice to use the courts more months out of the year. Outdoor Recreation Complex ("ORC Director of Parks and Recreation Schultz displayed the final master plan which included the moved access from Akron Avenue. He stated that Dakota County wanted the City to consider adding a second entrance off of Bonaire Path. He added that after the last discussion with the City Council changes included lighting only the two medium baseball fields, one full -sized baseball field and three hill-sized soccer fields. Mr. Schultz stated the base cost for the facility was $5.8 million dollars. He noted that estinute did not include the design and preliminary fees. It was proposed that those fees ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JANUARY 2, 2008 would come out of the parks improvement fund. The price with the fees included would be $6.3 million dollars since the original estimate did not include any offsite costs. Mt. Schultz stated that the packet included a description of what items would be included in the referendum. He stated there may be potential add -on items. Some alternative add -on items were removed in hopes that local groups could raise funds for those features. Mr. Schultz requested direction on the different projects discussed. Council Member Sterner really wanted to see the lighting added to the four fields. Mr. Schultz stated that the City would trench and put the conduit in for future lighting. He noted during the public hid process alternative bids for lighting could be included. Mayor Droste expressed concern on spending over half of million dollars to light six fields. He stated the lights were not as important as getting the complex built. He stated that Lights were an amenity. City Administrator Verbrugge stated that teams could not play until 10 p.m. at night in the height of summer. If there are no lights on at 9 p.m. in June it's not safe to play. Mayor Droste stated that the lighting was related to demand and that Erickson Park could be used. Mr. Schultz stated that the full -sized adult field would benefit by having lights. Teams could play doubleheaders. He added that lighting three soccer fields expanded more opportunities for the fall when the fields would be used. Older people who were available to play in the late evening would need the lighting. He stated that by gaining one or two more games per night would be an enhancement to the complex. Lighting would also make the field usages more flexible. Council Member Baxter stated the proposed lighting was more then he would like to pay for but stated that staff has reached a compromise he could deal with. He wanted RAAA and other associations to step up to the place and take some responsibility for lighting the fields. He felt the City was asking property owners to pay a reasonable amount for lighting. City Engineer Brotzler questioned if the underground conduit was included in the lighting cost. Mr. Schultz responded that a line item would be included for the conduit. Mr. Verbrugge stunmarized the ORC funding. He stated that a portion of the off -site costs should be included in the referendum as they directly relate to the project. Council Member DeBettignies stated when marketing the project it would cost a resident about $.24 a day depending upon the different scenarios. Mr. Verbrugge stated it would be about $7.00 a month for a $9 million dollar referendum. Mayor Droste wanted to be cautious noting that the different newspapers will be showing the tax rates. Council Member DeBettignies stated the acreage was a gift to the City. Mr. Schultz stated he wanted direction on what projects and dollar number to include in the referendum. He wanted to get a resolution passed and the ball rolling for an April 8 Special Election. Mr. Verbrugge questioned if the City would be bound by each project_ Finance Director May stated it would depend upon how the questions were framed. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JANUARY 2, 2008 Council Member DeBettignies stated his priorities included the ORC and St. Joe's site. Conversation ensued on how to sell the tennis courts and Erickson Park improvements. Council Member Baxter stated that the Erickson Park irnprovements did nothing for the project. He preferred to bond for the ORC, St. Joe's site and the tennis courts at an estimated $8.25 million. Mayor Droste stated that Erickson Park was heavily used Council Member Sterner also wanted to see enhancements made at Erickson Park. Mayor Droste questioned the City's debt. Mr. May stated when looking at the debt of 30 million dollars at least 10 -15 million dollars is in revenue issues. The water towers, wells and stormwater issues are a different type of debt. Three to four million of the debt is Port Authority issues that are outstanding for City Hall and the Community Center. He was hoping to call in the Community Center bonds to in 2009 to get rid of that debt and levy. He added that the City had about eight million dollars in assessment debt that is paid through special assessments. The only true debt is the levy debt for the Cotrununity Center from the 1992 referendum and the fire station referendum. He noted that a very small part of the 30 million dollars affected the resident's taxes. Council Member Baxter stated the City has the 57 acres and the St. Joe's site. It would only make sense to let the citizens decide if the sites should be developed. Ivlr. Verbrugge spoke of access issues raised by the County. He stated there was a good chance the City would lose a soccer field. Discussion ensued regarding the access to the site and the County requirements. Council Member Sterner suggested going up to $9.8 million for the referendum. He stated the difference to tax payers would be small and that way some amenities could be included. Isdayor Droste stated that $8.5 million would be too big to pass based on the population. Council Member DeBettignies wanted to see a marketing plan. Mr. Schultz stated that when comparing Rosemount to other communities the City was behind in some athletic facilities. The dynainics of sports has changed over the last 20 years. Mr. Verbrugge stated when analyzing the environment in Rosemount the City has always worked hard to bring the taxes down. At the Truth -in- Taxation meetings nobody is critically commenting on the city's taxes. He talked about current voter turnout and the number of votes necessary to pass the project. Mr. May added that typically with the 20 year referendum that is being projected with conservative growth the rate would drop over tine. Council Member Baxter and Mayor Droste were comfortable with the $8.25 million for the ORC and St. Joe's site. Mr. Schultz stated the City could not market the project_ Organizations such as RAAA will need to educate and infotm the public about the projects. Mr. Schultz stated the City was at a point to start the final design so when the referendum happens the bidding process could begin. Council Member Baxter stated that if the referendum failed the City would need to find another way to do the projects. It was decided that it would be from $8.25 to $8.50 million to start the ORC, St. Joe's site and Erickson Park tennis courts and other improvements as available. 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JANUARY 2, 2008 ADJOURNMENT Council Member Baxter made a motion to move into closed session for the purpose of discussing Tabor negotiations. Second by Sterner. There being no further business to come before the City Council, the meeting was adjourned to closed session at 111:36 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 9, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, January 9, 2008, at 6:34 pm. in the Conference Room at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter and Sterner attending. Staff members present included City Administrator Verbrugge, Assistant City Administrator Foster, Finance Director May, Communication Coordinator Cox, Police Chief Kalstabakken, Community Development Director Lindquist and Recording Secretary Hanson. DISCUSSION 2.A. Technology Study Assistant City Administrator Foster provided a background to the Information Technology Needs Analysis that Elert and Associates had prepared and introduced Wendy Chretian, lead consultant from Elert. Ms. Chretien gave a presentation that included a review of the Summary of Findings and the Summary of Recommendations. She also discussed what is working well for the City currently, areas of concern, and future enhancements /goals. The slides of her presentation included the following: Scope of Project Process Findings: Commendations Findings: Areas of Concern Future Enhancement Goals Recommendations: contained nine recommendations more specifically defined in the report Cost Implications Mayor Droste asked what the City currently pays for IT support and Finance Director May gave an explanation of what was paid in 2007. City Administrator Verbrugge stated that having one person in charge of all IT responsibilities is not a probable situation. Mr. May gave an explanation of the duties of a full time hire and why the City would also need to maintain a contracted consultant. A discussion took place about the City's current level of utilization and why it would be important to increase the current capacity. Mr. May pointed out some areas of concern include when the system is slowed down by increased activity in the Communication and GIS Departments, and difficulties with the Community Center not being able to access GIS programs. Mr. May further added that hiring someone full time for on -site projects is different than what is needed for the bigger network project. He stated that money was included in the 2008 budget for both types of positions. Council member DeBettignies asked about the recommended higher bandwidth level and what provider would be able to offer that level. Mr. May responded that Frontier and Charter can offer 5 mbps but at a much higher price than 1TCH and there is no contract required with F11 H. Mr. Verbrugge stated that the City will first look at E1'1 H to offer these services but that 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 9, 2008 reliability is a question. Mr. Verbrugge pointed out the three steps to take: 1- staffing, 2 -fiber issue, 3- equipment upgrades. Mr. May explained the fiber connection taking place from Well #15 to the Public Works Building and stated that at the end 2008, the Ciry should have all fiber connections in place at a reasonable price. Mayor Droste stated it would be nice for cities to work together and possibly share IT staff Mr. May responded that he has talked to other cities who have shared IT staff and it usually ends up with the staff staying with one city and leaving the other \vtith no one. Council member Sterner asked Ms. Chretian if energy saving recommendations were included in the report. Ms. Chretian replied that Elert did not look at specific energy savings ideas such as shutting off computers at night, etc. Council member Sterner asked why the City of Prior Lake's technology costs were so low and Mr. May explained that they do not use a full time IT person and do not upgrade their technology vey often. 2.B. Ordinance Amendments, Vehicles in Rural Residential Districts Community Development Director Lindquist provided the background on an enforcement issue with the property located at 12501 Danbury Way related to the extensive amount of vehicles stored at the premises. his. Lindquist requested direction from the Council as to whether they would entertain amending the ordinance or keeping status quo. Under the latter option, she believes it will be difficult to force changes on the property that will address neighborhood concerns with respect to the stored vehicles. Ms. Lindquist further stated that City Attorney Charlie LeFevere informed her that the City could approach the situation from a civil perspective and subpoena the owner's records to track whether or not he's running a home based business, but that would most likely be a lengthy process with little results. She asked the Council if they want to change the ordinance to limit the number of vehicles allowed in the rural area. Present at the meeting were Mr. Les Kasten and his girlfriend. He provided a letter describing the actions he is taking to remediate the problem. He stated he is a car collector and he's not trying to upset anyone by the amount of cars on his property. A discussion then took place among the council members of whether or not the ordinance should be amended with respect to outdoor storage in the rural residential district. Council member Shoe Corrigan stated she felt the outdoor storage requirements should be proportional to those in the Rl district. She further stated that this will be an increasing issue as the City grows further into the rural distracts. Mayor Droste stated that it makes sense to come up with some definition of outdoor storage in the ordinance. Council member Baxter added though it should not include family members who use cars that work on daily basis. He further stated that if the vehicle is not in working order, it has no business being on the property. Council member DeBettignies stated he would like to see what other cities have in their rural residential district ordinances. It was decided to bring this item back to another work session after staff has the opportunity to gather more information. 2.C. Greening Initiative Community Development Director Lindquist stated that the Green Committee has met several tithes to develop recommendation and strategies to move the City toward a greener, more sustainable future. She stated staff is requesting direction from the Council on which ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 9, 2008 set of standards to commit to, the Leadership in Energy and Environmental Design (LEED) or the Buildings, Benchmarks and Beyond: the State of Minnesota Sustainable Building Guidelines (B3- MSBG). Council member Baxter stated that the State program is a less costly program. Ms. Lindquist asked if the standards would be applied to both new construction and any major reconstruction. She asked what kind of commitment the Council would be willing to make to uphold these standards. City Administrator Verbrugge mentioned that one upcoming renovation project is the St. Joseph's Church complex. He further stated the City could use the outdoor athletic complex as a learning tool on how keeping with the standards could increase costs. Mlayor Droste stated that using the standards when renovating the church would definitely drive the cost up. Ms. Lindquist pointed out that some of the items eliminated from the new fire station plans due to cost were greening items. Council member Shoe Corrigan stated that the City can be aware of the greening standards but it would be hard to enforce 100°. because next year there will be a new council. Council member Baxter recommended the standards be committed to in terms of new buildings, but not to redevelopment. Mayor Droste mentioned the homes being built in Rosemount by Kathy Trimble that are following greening standards. 2.D. Sign Ordinance Text Amendment, 08 -01 -TA Community Development Director Lindquist stated that staff has prepared a timeline for updating the City's sign ordinance in response to the City Council discussion in late 2007 regarding the Planning Commission's request to review readerboard regulations within the City. Ms. Lindquist stared that staff is requesting Council direction regarding the proposed elements and timeline and whether or not a Sign Committee should be appointed. Council members Shoe Corrigan and DeBettignies volunteered to serve on the Sign Committee. Council member DeBettignies requested that the meetings not be before 7:O0p.m. Ms. Lindquist stated the meetings would be held on the second Tuesday of the month and will probably begin sometime in May. Mayor Droste asked if someone on the Chamber of Commerce should act on the committee. Ms. Lindquist replied that they could come to the meetings but probably did not have to serve. Also, she stated that it may be helpful to have a sign representative present at the meetings and Mayor Droste mentioned there is a sign company in the business park that staff could contact. Mfr. Scott Askew was present at the meeting and asked if he could come to the future work sessions regarding the sign ordinances. The Council did not have any changes to the proposed timeline. UPDATES Cinw Administrator Verbrugge informed the Council that the closing on the Ratzlaff property did not take place yesterday as scheduled. Dr. Hansen is having difficulties receiving an environmental release from Mr. Ratzlaff as required by the Stipulation of Settlement. The closing has been postponed until next Tuesday, January One of the other three properties that Dr. Hansen owns on the block has had a change of occupancy and use. Building Official Strand shared with the Council that when a building changes from business occupancy to a mercantile occupancy, this requires a certificate of occupancy. In order for Dr. Hansen to receive the certificate, staff has required certain code 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS JANUARY 9, 2008 improvements be made to the property including changing the direction of doors and providing handicapped parking. A pertnit needs to be issued before work can commence and Dr. Hansen has been trade aware of this requirement. Also, Mr. Strand stated that Fire Marshall George Lundy said the property met his requirements for fire code. Council members received a letter from a resident that stated his dog was caught in a trap and died when it wondered off the walking trail. The letter was vague with respect to the exact location of the incident and City Administrator Verbrugge stated that there isn't much that can be done before someone speaks with the person to get more information. Discussion took place among the council members regarding what the requirements should be with respect to trapping in the area. Police Chief Kalstabakken stated staff could check with other cities' requirements. City Administrator Verbrugge listed the upcoming events of the Green Summit, the State of the Region meeting, the National League of Cities meeting in Washington, DC, and the upcoming goal setting sessions for the Council. I le further stated that the City has reached a tentative agreement with the Teamsters on their contract. Community Development Director Lindquist informed the Council that the City has agreed on a purchase price with Jerome Clark, the owner of the car wash in Core Block East for $180,000, plus $20,000 for relocation costs. The City has $100,000 from the CDA to put towards that purchase. Mayor Droste asked about the process for new Commission appointments. Mr. Verbrugge stated he will talk to the City Clerk to get the process started, possibly with communication with current commissioners to see if they are interested in being reappointed. Mayor Droste also mentioned that he met with the Capital Campaign Director of the Animal Humane Society and they would like representatives from each metro city to help raise money for the society. Mr. Verbrugge and Council member Sterner both volunteered to contact some people who may be interested. ADJOURNMENT There being no further information to come before the City Council and upon motion by Mayor Droste and a second by Council Member Sterner, the meeting was adjourned at 9:25p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, January 15, 2008, 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, DeBetdgnies Shoe Corrigan and Sterner attending. Staff members present included City Administrator Vcrbrugge, Director of Parks and Recreation Schultz, Community Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbruege stated there was additional information for items 6.b. and 9.a. The add -ons to the agenda included items 6.1. Designation of Polling Places for 2008 Elections and 6.m. Minnesota Valley Transit Authority. Motion by Droste. Second by Sterner. Motion to adopt the agenda with additional information for items 6.b. and 9.a. and the addition of items 6.1. and 6.m. Ayes: 5 Nays: 0. Motion carried. Motion by Baxter. Second by Sterner. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 15, 2008 DEPARTMENTAL REPORTS /BUSINESS 5.a. Recognition of Joe Werden, Employee of the Year City Administrator Verbrugge provided background on the selection of Employee of the Year. Joe Werden, a member of the Public Works Department since 1999, was recognized for his excellent customer service, achieving savings and efficiency um government, and exemplifying safe work habits. Mayor Droste thanked Mr. Werden on behalf of the City Council and Rosemount citizens for his hard work. CONSENT AGENDA Council Member Baxter pulled item 6.j Irish Sports Dome Conditional Use Permit Annual Review and Mayor Droste pulled item 6.e. Proposed Vehicle and Equipment Purchases for further discussion. Motion to Approve the Consent Agenda items a. -d., f. -i. k.,1., m. Council Member DeBettignies offered a friendly amendment to include the information added to 9.b. The amendment was accepted. a. Bills Listing b. Amendment to 2008 Schedule of Rates and Fees (Resolution 2008 -08) c. Approve Expenditure of Funds From the Police Equipment Fund d. Change Order #1, 2 3 Connemara Tower Painting, City Project #411 c. Pr p a cd Vchick ..d Equipment Purcha.,, a 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 15, 2008 f. Receive Donation Parks Recreation Dept. g. Letter Of Understanding with DCTC h. Community Center /Armory Maintenance Agreement i. Receipt of Donation j. Irish S Dome C Uae P.....it Animal Review k. 2008 Solid Waster Haulers Licenses 1. Designation of Polling Places for 2008 Elections (Resolution 2008 -09) m. Minnesota Valley Transit Authority (Resolution 2008 -10) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.e. Proposed Vehicle and Equipment Purchases Mayor Droste stated his concerns about purchasing another generator. He stated that emergency generators were already available at the tire stations and lift stations. He was most concerned about the cost of the generator and the limited amount of time it would be needed. City Engineer Brotzler stated the maintenance garage includes two mechanic bays and houses 12 to 14 trucks, skid loaders and other miscellaneous items. In a power outage situation the equipment would be needed to assist in an emergency response. He was not sure why the generator was not included in the construction of the building and noted that in today's standards a generator would have been proposed with construction. Mayor Droste questioned how many mobile generators were owned by the City. Ivtr. Brotzler replied that there were two portable generators for the sanitary and storm sewer lift stations and three standby permanent fixed generators for the wells. Mayor Droste stated there was talk about building a new maintenance facility in 3 to 5 years and he did not want to invest in a new generator if it was not needed. Council Member DeBettignies questioned if a new maintenance facility were built if the generator could be retrofitted in the new building. Mr. Brotzler stated that if authorized staff could consult with an electrical engineer to review the feasibility of salvaging and reinstalling the generator to a new location. Council Member Shoe Corrigan questioned the life of a generator. Mr. Brotzler stated that a portable generator should last 15-20 years. Council Member DeBettignies questioned releasing the string on the garage door opener. Mr. Brotzler explained the challenge and safety concerns of the maintenance workers with all the equipment in the drive aisles and the difficulty getting to the openers. Police Chief Kalstabakken stated that the Public Works Department plays an integral part in responding to emergencies. He talked abut different disasters that occurred in the past 10 years and noted the importance of having Public Works out in the field and the mechanics available to work. He stated that Public Works employees are first responders and often ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 15, 2008 times are more involved in emergency situations than the police or fire department in the long run. Council Member Sterner questioned if there was a market for used generators. City Administrator Verbmgge stated that staff could investigate that opinion if authorized by the City Council. Mayor Droste stated that lie thought the generator was going to be added to the shop next to City Hall instead of the larger maintenance facility. He supported the purchase of the generator. Motion by Droste. Second by DeBettignies. Motion to Authorize the Purchase of Equipment, and the Procurement of Financing with Equipment Certificates. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. 6.j. Irish Sports Dome Conditional Use Permit Annual Review Council Member Baxter stated that during the annual review last year many issues were raised. He stated that City staff and the sport dome representatives worked through the issues successfully. He was delighted that everything going well now but stated he was hesitant to hold off the next review until 2011. He stated he could support the first motion but was opposed to delaying further review until 2011. Council Member DeBettignies supported Council Member Baxter's recommendation. Motion by Baxter. Second by Sterner. Motion to continue the rental of Schwarz Pond Park during large events to provide overflow parking and to continue annual review of the CUP. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. PUBLIC HEARING 7.a. 2008 Street Improvements Project, City Project #418 Project Engineer Aderhold provided a presentation explaining the Feasibility Report for the 2008 Street Improvementss Project. He gave information regarding the proposed improvements, funding and the schedule. Mayor Droste asked for the audience benefit that staff explain the purpose of a quiet zone. Mr. Aderhold stated that a lot of cities were trying to eliminate the train horns sounding through residential areas. He stated that as long as the City met the safety requirement at each crossing it could be designated a quiet zone. City Engineer Brotzler added that for many years it was a goal of the City- Council to have quiet zones. In moving forward and at City Council direction, the quiet zones were added to the feasibility report to determine the necessary upgrades at the crossings. He anticipated that the required improvements would occur at 145 Street, Biscayne Avenue and County Road 73. Council Member Shoe- ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 15, 2008 Corrigan stated that funding for the quiet zones was not part of the street improvement project cost and assessment calculations. Mr. Brotzler replied that funding for the quiet zones would come from the City's Street CIP. Mayor Droste opened the public hearing. Kathy Klonecky, 15631 Cornell Trail, Rosemount, stated that two years ago at an open house she questioned why Cornell Trail needed to be reconstructed. She stated she was told it was because there was not enough Class 5 put down at construction. She did not want to pick up the tab and stated the City should have noticed that not enough Class 5 was used. Ms. Klonecky also questioned the placement of the sidewalk on Cornell Trail. Mr. Aderhold stated that the sidewalk was proposed to be on the south side of Cornell Trail Mr. Aderhold stated they found approximately three- inches of existing bituminous pavement and at least three feet of granular material to the depth of the test holes. Mayor Droste noted that was quite normal because the 20 year old engineering standards are not the same as today's standards. Mr. Brotzler added that the granular material found was fairly consistent with the materials that have been found in the streets being replaced in the past. He added that with the current engineering standards streets are being built to better standards. Ms. Klonecky wanted to sec the standards that were in place when the street was built. She could not believe that an inspector passed a street built with sand. She found it pathetic that the City did not know enough to use Class 5 when she knew 40 years ago that Class 5 should have been used. Joe Gergen, 17531 Cicerone Path, Rosemount, was concerned about the placement of the proposed sidewalk. He stated when looking at his survey it appeared the sidewalk would only be 18 feet away from the front of his home. He stated there were trees and electrical boxes that would need to be removed. He also felt the work to his road was redundant since it was replaced when Cicerone Path changed from a cul -de -sac to connect the street to the new addition. Mr. Brotzler clarified the proposed sidewalk location. The sidewalk would be built within the street right -of way. He estimated that the sidewalk would be 315 feet from bir. Gergen's home. Mayor Droste questioned if the City would work with each property owner in detennining the locadon of the sidewalks. Mr. Brotzler replied that once the survey was completed the City would assess the impacts and meet individually with property owners as necessary to review issues and impacts. Ile noted that lights and trees are in the City's right of -way by permit and could be removed or relocated. Council Member DeBettignies was curious about when the Geronime Pond Addition was added and Cicerone Path was continued into it. He questioned if those streets were redone to current standards at that tine. Mr. Brotzler stated that section may have been replaced by current standards. He stated it wouldn't make sense to tear up a perfectly good road but noted it could become very challenging to make that distinction. He stated that typically they go from development to development but he would check into it. 1 1 Council Member Shoe- Corrigan questioned if Mr. Gergen was assessed when the road connection was made. Mr. Brotzler stated he did not think he was and will verify. Motion by Droste. Second by Baxter. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion closed. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 15, 2008 Mr. Brotzler talked about the methodology used for determining the proposed assessments. He anticipated that the assessment hearing would be held in November. He stated the assessments world be levied over a 10 year period and added to the property owner's taxes after they are certified with the County. As part of that process, the property owners have 30 days to prepay their assessment without interest. He added that if the assessment is certified, interest is added at two percent over the prime rate. Council Member Shoe Corrigan clarified that the sidewalks would be placed within the public right -of -way. If not, the City would go through the process of obtaining easements. Mr. Brotzler stated that on private property there is a 10 foot drainage and utility- easement. He added the sidewalk would be located in the public right -of -way. Motion by DeBettignies. Second by Baxter. Council Member Sterner stated he would abstain from voting since he lives in the neighborhood and could receive a benefit from the vote. Motion to Adopt a Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for the 2008 Street Improvements Project, City Project #418. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste Nays: None. Abstain: Sterner. Motion carried. (Resolution 2008 -11) Motion by DeBettignies. Second by Sterner. Motion to Authorize the Preparation and Submittal of a Quiet Zone Application to the Federal Rail Authority. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. Mr. Brotzler stated the process moving forward with the final design. Staff would be contacting individual property owners to talk about impacts on private property. He added 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 15, 2008 that regular updates on the construction projects would be sent out by mail and available on the City's website. 9.a. Resolution Supporting U.S. Conference of Mayors Climate Protection Agreement City Administrator Verbnigge stated that the U.S. Conference of Mayors developed a Climate Protection Agreement. Over 700 mayors nation -wide have signed the agreement, including 30 in Minnesota. He explained the areas at City staff level where greening standards have been utilized. He read the draft resolution language. Council Member DeBettignies thanked Mayor Droste for moving forward with the agreement. Mayor Droste listed the different projects in which the City has move towards being more sustainable, energy- efficient, and an environmentally conscious community. Motion by Droste. Second by Shoe Corrigan. Motion to support Mayor Droste in signing the U.S. Conference of Mayors Climate Protection Agreement. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -12) 9.b. St. Joseph's Facilities Task Force Report Director of Parks and Recreation Schultz provided a recap of the process and summarized the final report. He acknowledged the members in the audience and stated that some would be sharing their experiences from serving on the task force. John Loch stated it was a very interesting procedure and that the group consisted of broad spectrum of citizens. He talked about the brainstorming activities and about the tour of neighboring facilities. 1 -Ie added that the end result really incorporated most of what the group envisioned. He thanked the City- Council for allowing him to serve on the task force. Stephanie Molstre -Kotz stated it was a pleasure to serve on the task force. She stated the recommendations of the task force. She added that the Rosemount Area Arts Council already had three events planned for 2008. Mike Ryan supported the task force's recommendation to keep the school building. He was thankful for the opportunity to serve on the task force. Mr. Schultz thanked the Council Members and all who served on the task force. He added that the final recommendation was a unanimous vote by 15 members. Council Member Baxter thanked all City staff that was involved especially Kim Lindquist, Dan Schultz and Sonja Honl. He stated it was a fascinating process and the citizens that served did a great job. He was grateful to be part of the process for the reuse of one of the greatest resources in Rosemount. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JANUARY 15, 2008 Council Member Sterner commented on the great report and stated he attended 1/3 of the meetings. He enjoyed working all those volunteers that served. Council Member DeBettignies stated he enjoyed serving on the task force. He stated that the City Council asked a lot of City staff and that he appreciated everything they did during the process. He stated the campus would serve as a northern gateway into the Downtown. He thanked everybody that served on the task force for their diligence and ideas. Council Member Shoe- Corrigan thanked the task force for doing so much work on behalf of the citizens. She was excited to hear about the art council that was started. She added that she has heard from many residents about their excitement for the reuse of the campus. Mayor Droste stated his appreciation for Council Members Baxter and DeBetrignies and the Ciry staff that served on the task force. He stated the City was fortunate to have an engaged volunteer citizenry to step forward and help with the project. Motion by DeBetrignies. Second by Shoe Corrigan. Motion to adopt a resolution approving the 2007 St. Joseph's Facilities Task Force Report. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Verbrugge Nays: None. Motion carried. (Resolution 2008 -13) ANNOUNCEMENTS Mayor Droste stated that the City would be advertising for the vacancies in the various voluntary advisory committees. Mayor Droste also announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on Wednesday, February 6, 2008. 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 9:22 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 25 AND JANUARY 26, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Friday, Januan' 25, 2007, beginning at 4:00 p.m. at Fire Station No. 2, 2047 Connemara Trail, Rosemount, Minnesota. The purpose of the special meeting was to discuss the goals and work plans for the City Council and City staff in 2008. Mayor Droste called the meeting to order on Friday with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Also in attendance was City Administrator Verbrugge. The meeting was ended for the day at 9:30 p.m. The meeting reconvened on Saturday, January 26, 2008 at 8:00 a.m. in the same location. Mayor Droste called the meeting to order on Friday with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Also in attendance was City Administrator Verbmgge, Conun unity Development Director Lindquist and Director of Parks and Recreation Schultz. DISCUSSION The City Council conducted a goal setting session on January 25 -26, 2008. The goals that have guided the council and staff for the past several years continue to reflect the priorities for the community. Those goals included: 1. Defining mix and quality of amenities appropriate to Rosemount 2. Achieving balanced growth 3. Maintaining service levels and quality while expanding 4. Achieving a competitive tax rate with other cities in market area 5. Accomplishing downtown redevelopment Additionally, the City Council added a sixth goal in 2007 to improve the connectivity and strategic partnerships with the educational instinttions in our community. Council discussion at the goal setting session focused on the following issues: i Economic Development r LAIORE Park. Senior Serri, es 9 Leg/shun? Issues DolwlIouw Redevelopment i> Budgeting/ Operations /Staffing Discussion of the items resulted in several items of consensus to be pursued: Economic Development Initiate a business visitation program focused on outreach, retention and expansion Hold a business appreciation event to strengthen relationships with the business community and market business assistance programs available through the City, Port Authority and other partners q, Evaluate options for a market and retailer analysis to attract commercial retail development q, Send staff to tour communities that have demonstrated track record of success in areas that are highly prioritized for development within Rosemount ROSEMOUNT CITY PROCEEDINGS SPECIAL MEETING JANUARY 25 AND JANUARY 26, 2008 Ut1IORE Park W Discuss business development partnership with University community q> Look for opportunities to leverage the University's presence to attract jobs and manufacturing Senior Services Work with Rosemount Area Seniors to encourage increased membership, grow participation, and enhance programming q Work with Dakota County staff to collaborate on program development related to demographic trends on aging tb Review program policies that will evaluate the future of senior programming to reflect changing demographics and active lifestyle options Legislative Issues 4> Provide overview of legislative issues relevant to Rosemount at a future City Council Work Session (done 2/13) Donlon Redevelopment Evaluate Port Authority -owned properties to be sure that short-term rental continues to be a reasonable approach tb Meet with Downtown Stakeholders to provide an update on progress and next steps for revitalization Budgeting/ Operations/Stiffing Anticipate that current market trends may necessitate adjustments to services and staffing levels for F1' 2009 Try to hold the line on tax rate for '09 ADJOURNMENT There being no further discussion, the meeting was adjourned on Saturday, January 26 at 12:30 p.m. Respectfully submitted, James Verbrugge, City Administrator 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 Wednesday, February 6, 2008, at 7:31) p.m. in the Council Chambers at City Hall, 2875 l45` Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies Shoe Corrigan and Sterner attending. Staff members present included City Administrator \'erbrugge, Director of Parks and Recreation Schultz, Connnunity Development Director Lindquist, Assistant City Administrator Foster, Ciry Engineer Btotzler, City Attorney LeFevcre, Chief of Police Kalstabakken and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator \'crbrugge stated there was an add -on to the Consent Agenda, Item 6.s. Lind Purchase Agreement County Road 73, City Project #399. Motion by Droste. Second by Sterner. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 6, 2008 Motion to adopt the agenda as it stands with the addition of item 6.s. to the Consent Agenda. Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by Sterner. Motion to Approve the Consent Agenda. a. :Minutes of the December 12, 2007 City Council Work Session Proceedings b. Minutes of the December 18, 2007 City Council Work Proceedings c. Minutes of the January 2, 2008 City Council Proceedings d. Minutes of the January 2, 2008 City Council Special Work Session Proceedings e. Minutes of the January 9, 2008 City Council Work Session Proceedings f. Minutes of the January 15, 2008 City Council Proceedings g. Bills Listing h. 2008 City Council Meeting Schedule i. Teamsters Labor Agreement 2008 -2009 j. AFSCME Labor Agreement 2008 -2009 k. Expenditure Approval from the Donation Account Parks Recreation Dept. 1. Receive Donation Parks Recreation Dept m. Amendment to the Dakota County Drug Task Force Joint Powers Agreement n. Criminal justice System Services Agreement o. Authorize Recruitment and Hiring for a Police Officer Position p. Payment #2 Final Connemara Tower Painting, City Project #411 q. MCES Construction Cooperation Agreement Akron Avenue Trunk Utility and Railroad Improvements, City Project #417 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 6, 2008 r. Rosemount Hills 5 Addition Preliminary Plat Extension, Case 06 -45 -PP (Resolution 2008 -14) s. Lind Purchase Agreement County Road 73, City Project #399 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. PUBLIC HEARINGS 7.a. Application for On -Sale Liquor License and Special Sunday License, Applebee's Restaurants North LLC City Clerk Domeier stated that the Public Hearing was needed because the current Applebee's restaurant located in Rosemount was sold to a new corporate owner which necessitates obtaining a new liquor license. The change hi ownership is related specifically to a corporate restructuring. IHOP is now the parent company and Applebee's Restaurants North LLC was established as a result of the acquisition of the restaurant by IHOP. The Applebee's Restaurants North LLC will continue to operate all Minnesota Applebee's locations that are operated by the present licensee. She added that the two corporate officers for the new LLC will remain the same as named on the current license. She also noted that he day to day operations of the restaurant hicluding the on -site manager, employees, menu and hours of operation will remain the same. Tim Lebeau, manager of the Rosemount Applebee's, was in attendance to answer any questions. 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 DeBettignies. Second by Shoe Corrigan. Motion to Approve the On Sale Liquor and Special Sunday Liquor Licenses Applebee's Restaurants North LLC located at 15015 Cimarron Avenue. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on Tuesday, February 19, 2008. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 6, 2008 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 7:36 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS FEBRUARY 13, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, February 13, _(4)8, at 6:31 p.m. in the Council Chambers at City Hall, 2875 145'" Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter and Sterner attending. Staff members present included City Administrator Verbrug,ge, Assistant City Administrator Foster, Finance Director May, City Engineer Brotzler Director of Parks and Recreation Schultz, Community Development Director Lindquist, Senior Planner Zweber, Planner Lindahl and City Clerk Domeier. DISCUSSION 2.A. Joint Meeting with Planning Commission Planning Commissioners Schwartz. Howell and Messner were in attendance. Mayor Droste stated that discussion items would include Downtown Redevelopment, City Council goals, the Comp Plan update and UMore Park. Mayor Droste provided the Commissioners with the background on the Downtown Redevelopment project. Community Development Lindquist explained the many components of the site plan. Commissioner Howell questioned if the project would be handicap accessible. Ms. Lindquist explained the accessibility to the area. Commissioner Messner questioned if the project would be a PUD. Ms. Lindquist stated it would be and asked the Commissioners to reference the design guidelines for the Downtown as well as the ordinance criteria. Council Member Baxter stated it was a highly public project. He wanted the project to be as good as it could possibly be since it would be the center stone for redeveloping other areas of the Downtown. Ms. Lindquist explained the rental housing aspects of the project and provided the housing data and demographics in Dakota County. Council Member Shoe Corrigan added that the block could support high density housing. She noted that housing has always been planned for the Core Block East redevelopment project. Mayor Droste also highlighted other goals of the City Council including quiet zones, amenities, economic development, jobs and tax base. The City Council, Planning Commission and staff discussed land use and zoning issues. Mss. Lindquist also provided an update on the UMore process. 2.B. Legislative Issues City Administrator Vcrbn provided background on the legislative issues. Mayor Droste provided information on the transportation legislation. Council Member Baxter did not support the league's funding options in the proposed resolution. City Engineer Brotzler questioned if the resolution for support could be modified. He voiced concerns about the amount of local dollars that were spent on county and state projects. Mr. Verbruggc stated that the resolution could be modified and Mayor Droste thought it would be helpful to include the data Mr. Brotzler provided. Council Member DeBettignies suggested drafting a separate resolution and sending it to local representatives and the 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS FEBRUARY 13, 2008 governor's office. Mr. Brotzler stated he would modify the resolution and include it on the February 19 regular meeting agenda. The City Council discussed the issues they wanted to address when meeting with Congressman Kline of Februay 22. Issues included LUMore, the 42/52 interchange, CDBG funds, rail crossings, immigration and housing. Discussion also ensued regarding the County's bonding request. Council Member Sterner wanted to send support letters for the County's bonding request. The City Council talked about moving the legislative initiatives discussion up to November or December of 2008 instead of early 2009. Mr. Verbrugge explained the LGA issues and the problem with cities being unsure how to budget for LGA. Council Member Baxter stated that for realistic property tax decreases the Fridley formula was the answer. He added drat the City should take a stand on LGA. Council Member Shoe Corrigan stated that the funds are needed to support the City's services. The Ciry Council directed staff to draft a letter for consideration and authorize Mayor Droste to sign it at the March 5 regular meeting. 2.C. ORC Discussion Director of Parks and Recreation Schultz handed out the draft resolution calling for a special election. He explained the wording of the question on the ballot. Council Member Sterner wanted to make sure there was enough time to get the information out to the residents. Iylr. Schultz stated that staff had started to assemble the information to give out to the public. Staff used information similar to what other cities have done in the past. tvIr. Schultz stated the goal was to make sure residents were not confused about the question at the voting booth. The City Council and staff discussed the wording of the question. Finance Director May explained the reason the word "acquisition" was included within the question. Concern was also raised about the words "cultural" and "multi purpose The City Council favored having only one question on the ballot. Mr. Schultz talked about the site plan including the County's access requirement. He stated that staff favored using Alternate C. Council Member Shoe Corrigan questioned if the road could be added at a later date City Engineer Breezier responded that he did ask bit the County did not support the idea. He provided more information on the placement of the access and the amount of fields that would work on the amount of acreage. Mr. Schultz also explained the easement location and topography issues. He noted that they were maximizing the amount of the fields that could fit on the site. Mayor Droste stated the need to be bare bones putting in fields given the economy. He stated that the tolerance of the voters would be seven million and staff should figure out how to build fields and make it work. He was also concerned about the amount of consultant fees. Mr. Verbrugge stated he wanted the City Council to tell staff the amount of 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS FEBRUARY 13, 2008 the referendum. He added that the only change in the two months were the access fees and the loss of one field. Council Member Sterner wanted staff to go back to the County about the access issues. Mr. Verbrugge stared that staff had met with the County several times and that the County needed rationale to vary from their standards. Council Member Shoe- Corrigan favored moving the access to Bonaire Path. 1h. Schultz stated that staff looked at every access option and moving the fields around. He also explained that the field being removed was also going to serve for storm water. Mayor Droste spoke of the economic climate and concern about running up the costs. He also talked about the cost difference from bonding for $7.9 million instead of $8.25 million. Mr. Verbrugge explained that a bigger cut would need to be made to show a difference to the taxpayers. Mayor Droste questioned the SKB revenues. Finance Director May explained where the expenditures were listed within the Council budget. He also explained the encumbrances. Council Member Shoe Corrigan questioned if the designers considered dividing the parking lot into two areas. Mr. Schultz stated that concept was researched but did not work due to the grading of the site. Council Member Shoc- Corrigan stated that voters would not understand that the road would cost more than the field Discussion ensued regarding the tolerance level of the residents. Mayor Droste expressed his concerns about Lighting the fields. He also explained the age levels that use the fields. Council Member Shoe- Corrigan wanted the public to be informed about the age groups that will be using the fields. Council Member Sterner stated he favored Lighting fields. He also wanted to push the access issues .with the Dakota County elected officials. He did not want to lose the fourth field because of access issues. Council Member Shoe- Corrigan stated that lights would increase the use of the fields but was concerned about the cost. Council Member Shoe-Corrigan also wanted to meet with the county officials to discuss the access issues. Council Member Baxter suggested bonding for eight million dollars. He was concerned about the amount spent on lighting. He thought that partners were going to step up and help pay for some of the lighting. ivlr. Schultz stated that partnerships were still an option and that staff has been working on obtaining grants. Council Nlember Shoe- Corrigan stated partnerships will need to contribute donations for concession stands and other amenities at the site. The City Council consensus was to bond for eight million dollars. Mr. Schultz questioned the tithing of the construction specs and when to move forward. The City Council direction was to hold off on the plans until after the referendum. Council Members also requested a List of RAAA members they could contact to start advocating the project. Ivlr. Schultz provided more information on the communications portion of the special election. 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS FEBRUARY 13, 2008 UPDATES 3.A. Downtown Redevelopment/Infrastructure City Fngineer Brotzler summarized the shift report and explained the Downtown Redevelopment Storm Water Management Plan. Community Development Director Lindquist explained the purpose of the technical memorandum. She stated that the infrastructure would be a benefit to the site and would help with other redevelopment projects. She noted chat grants could be used towards the cost. Council Member Shoe Corrigan expressed concerns about the wetland. N-Ir. Brotzler stated that the wetland would be improved as the water would be treated first. Staff anticipated that the Met Council would support the project. Council Member Baxter stated he was happy with the information provided. DISCUSSION 2.D. Sesquicentennial Events Assistant City Administrator Foster summarized the staff report and clarified that the Leprechaun Committee was only asking for the City to fund the fireworks display. She provided a rough outline of events for the 150 celebration. City Administrator Verbrugge stated that money could be used from the Council contingency fund to support events. Council Member Steiner stated the celebration was a special time for the City. He wanted to use the celebration to get Rosemount on the map. He wanted nice events planned because it would attract more residents and businesses. Council Member DeBettignies figured $5,000 would be plenty to pay for the plaque, blue grass music and a square dance caller. Council Member Shoe- Corrigan thought the historical society could pay for the plaque. Mr. Verbrugge noted that Community Charities of Minnesota was looking to donate $1,500 from pull -tab revenue. It was decided that money could be used towards the purchase of the plaque. The City Council also favored the idea of pursuing horse and carriage rides. Council Member Sterner provided information he obtained to compile a historical book. UPDATES 3.B. SKB City Administrator Verbrugge provided the City Council with a memo on the SKB update. He asked the Council Members to contact him with any questions. ADDITIONAL UPDATES Community Development Director Lindquist and the City Council discussed the letter about signs they received from Dean Johnson. Ills. Lindquist explained the portion of the sign ordinance that states where signs can and cannot be placed for the Parade of Homes. Director of Parks and Recreation Schultz stated that the Relay for Life would be held at Central Park this year. 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS FEBRUARY 13, 2008 ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 10:24 p.m. Second by Sterner. Respectfully submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 19, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 19, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145i Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies Shoe Corrigan and Sterner attending Staff members present included Gin; Administrator Verbrugge, Director of Parks and Recreation Schultz, Community Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, Communications Coordinator Cox, Chief of Police Iialstabakken and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated an updated resolution incorporating missing information was handed out for itch 9.a. PUBLIC COMMENT Kevin Grass, 15625 Darling Path, Rosemount, requested an easement vacation to build a pad be his garage and his neighbor's garage. He stated he was told by City staff that he needed to submit a request to the City Council to vacate the easement and move forward in the planning process. Mayor Droste stated that Mr. Grass would need to come into City Hall and fill out an application. Community Development Director Lindquist stated a public hearing would be held at the City Council level. vacation easement would require sending notification to adjoining property owners as well notice in the newspaper. Mayor Droste suggested that Mfr. Grass meet with Ms. Lindquist to find out the process moving forward. CONSENT AGENDA Mayor Droste pulled item 6.d. Resolution Requesting Comprehensive State Road and Transit Funding for further discussion. Motion by Baxter. Second by Shoe Corrigan. Motion to Approve the Consent Agenda items a. through c. and e. through n. a. Minutes of the February 6, 2008 City Council Proceedings b. Bills Listing c. Ordinance Pledging City's Full Faith and Credit to Port Authority's 2008 General Obligation Tax Increment (TIF) Bonds d. Red U ruin I.CL yid m.rint' .�if.nt RvnJ arid I'.LUalt f uhtltfl e. Charitable Gambling Premise Permit Renewal for the Communing Charities of Minnesota (Resolution 2008 -16) f Receive Donation Parks Recreation Dept. g. Expenditure Approval from the Donation Account Parks Recreation Dept. h. Expenditure Approval from the Donation Account Parks Recreation Dept. i. Declaration of Surplus Property j. Akron Avenue Union Pacific Grade Crossing Agreement, City Project #399 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 19, 2008 k. Authorize Feasibility Report Prestwick Place, City Project #-109 (Resolution 2008 -17) I. Solberg Aggregate Company (Ped- Kuznia) Mineral Extraction Permit Renewal, 08 -03 -ME m. Rott lund Homes Hannon Addition, Minor PUD Amendment, 08 -09 -AMD (Resolution 2008 -18) n. Decertification of the Endres Tax Increment Financing District (Resolution 2008 -19) Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.d. Resolution Requesting Comprehensive State Road and Transit Funding Mayor Droste stated the City Council had previous discussions about state road and transportation funding. I le explained the information included within the resolution and added that it would be sent to local representatives. City Engineer Brotzler stated that the City had expended a significant amount of local funds on state roads and county highways. The total investment of local dollars spent in the past seven years was two million dollars. He identified some of the budgetary challenges the City faces in comparison to larger regional projects. Council Member Shoe- Corrigan noted the incorrect spelling of Mfr. Ozment's name and asked City Clerk Domeier to revise the letter before mailing. Motion by Droste. Second by Sterner. Motion to Adopt a Resolution Requesting Comprehensive Road and Transit Funding; and Motion to Authorize Mayor to Send Correspondence to State Representative Ozment and State Senator Gerlach. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -15) NEW BUSINESS 9.a. Resolution Calling for a Special Election Director of Parks and Recreation Schultz summarized the information as provided in the City Council packet. Mr. Schultz stated that for the past 10 years, the City has discussed the need for additional recreational amenities. One of the key factors in meeting the need for additional sports fields was acquiring land on which to build. He stated that Flint Hills Resources provided the City with a donation of 57 acres to build the outdoor complex. Since that time, the staff and the Parks Commission have discussed a number of layouts and design elements for the complex. He stated the complex would cost $6.8 million dollars and would include multi- purpose fields to accommodate softball, baseball, soccer, football and lacrosse programs. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 19, 2008 Mr. Schultz stated that the City purchased the St. Joseph's Church and School in 2004 to secure land for a future library. At the time of purchase, the City discussed what should happen with the remainder of the facilities on site. The St. Joseph's Facility Task Force recommended that the short term use be for a multipurpose facility and longer term use be for an Arts and Cultural facility. The short term improvements would bring the church up to an acceptable use standard for multipurpose events. Mr. Schultz stated that the Park Commission worked hard to be responsible with the money that will be spent to bring in projects that would make the community proud. He stated the special election would be held on Tuesday, April 22. There would only be one question on the ballot. He explained the tax impacts on residents for an $8 trillion dollar bond over 20 years. Council Member Shoe- Corrigan stated that in addition the costs for heating and air conditioning in the former church that the bathrooms and ADA accessibility requirements make up a great deal of the cost. Mr. Schultz provided a drawing showing where the ADA access improvements would be made. The resrrooms would be added on to the back of the building along with the mechanical room. He noted that a majority of the improvements were for mechanical upgrades. Council Member DeBettignies stated he was fortunate to serve on the St. Joe's task force. He stated the committee got down to the bare bones of what really needed to be done to get the facility open to the public. He stated that while other enhancements and amenities would be nice, the current concept only includes what needs to be clone to make it available to residents. He added that for the Outdoor Recreation complex some fields would not be lit and he was hoping that some organizations and business would come up with a concept of adopting and donating the additional funding. He wanted the fields available for youth and adult tournaments to generate revenue. He stated that the fields would be a huge addition to the community. Council Member Sterner stated that in a recent newspaper opinion there was concern about the air quality in proximity to the Flint Hills site. City Administrator Verbrugge stated that the City did do research in terms of environmental conditions. Two years ago the City looked at it when doing the Comp Plan amendment. At that time, there was nothing on puhhc record or anything from MPCA or EPA to make us think there was an environmental concern. He stated that Flat 1 -hills is located about a mile and quarter northeast of the site. In order for any emissions to loft over the complex, the wind would have to be from the north or northeast. He stated that wind patters represent about six percent of weather conditions over the course of the year and that air emissions should not be a concern in that area. Council Member Baxter thanked Flint Hills for their tremendous donation and gift to the City. He stated that a recent letter in the newspaper said that the value wasn't a mullion dollars. He stated that the value was well beyond a million dollars. He thanked the Parks Commission for their work over the past several months. He noted that the letter stated the City did not need additional fields and he asked Mr. Schultz to continent on the need in the future for additional athletic fields. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 19, 2008 Mr. Schultz stated that the Parks Commission is in the process of updating the comp guide plan through 2030. He stated that Rosemount was projected to grow to 45,000 residents 2030 and that number did not include the development at UMore. The field space is catching up on us and the City is not near where the national standards indicate. Right now, the City is between 15 and_) acres below the standard. He added that it would only be a matter of time before we outgrown this facility. He stated that you don't see a lot of cities saving they have fields sitting empty. The complex will take care of existing needs and some future needs. Mr. Verbrugge also commented on the letter in the newspaper stated that there was no projected growth in Rosemount schools. He stated that based upon information provided by District 196 that Rosemount Schools are the only project to not have a lower enrollment. The schools will continue to grow. Mr. Verbrugge encouraged residents to call City staff with questions after reading letters in the newspapers. He wanted residents to receive accurate and complete inf nnhation about the projects in Rosemount. Mr. Verbrugge stated that the median home value in Rosemount was $258,(100 in 2008. He added that half the homes he above and half below with the average value of $290,000. He stated that the typical residential profile tax impact would be $6 $7 per month. Council Member DeBettignies provided comment on a recent letter in the local paper regarding the emissions from Flint Hills. He noted that Inver Grove Heights has a complex on Rich Valley Boulevard which is the same distance from the proposed complex to Flint Hills. He stated that the City received a tremendous gift from Flint Hills and should move forward with the project. He added that the fields would be a draw for the community and a revenue source. Mayor Droste stated the number of youths involved in the baseball, softball, soccer, football, lacrosse and tennis. He stated the numbers are large when you look at the number of youths utilizing the fields. He questioned if the resolution was passed when the fields would be available. Mr. Schultz responded during the year 2010 or 2011. Dave \Vilhclmi, a member of the traveling baseball board, thanked Mr. Schultz and Mr. Verbrugge for their determination in moving the project forward. He stated he could validate all the points addressed during the presentation. He added that with the additional fields there would be more opportunities to bring in state tourneys, all -star classic games and fall baseball. On behalf of several families in the programs he encouraged the (:in' Council to support the project. Motion by Sterner. Second by Shoe Corrigan. Motion to approve the attached resolution authorizing the setting of special referendum to ask voters to consider approving $8,0110,000 in general obligation bonds top ay for the construction of an outdoor recreation complex and to make improvements to the former St. Joseph's Church. 1 1 1 Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 20) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 19, 2008 Council Dlember Shoe Corrigan stated that the City Council appreciated all the work staff had done to get the projects moving. She stated it would take families to come forward and get the word out about the need for the projects. ANNOUNCEMENTS On behalf of the City Council and staff, Mayor Droste offered his sympathies to the family of Bob Erickson. Mr. Erickson served as a Council Member in Apple Valley for 20 years. Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting vbill be held on Wednesday, March 5, 2008. 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 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS FEBRUARY 19, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, February 19, 2008, at 8:30 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 included City Administrator Verbrugge, City Engineer Brotzler, City Clerk Domeier, Community Development Director Lindquist, Assistant City Administrator Foster, Chief of Police Kalstabakken, Director of Parks and Recreation Schultz and Communications Coordinator Cox. DISCUSSION 2.A. Goals Review City Administrator Verbrugge provided a summary of the City Council goals as discussed on January 25 and 26. He requested that the City Council provide feedback on the goals as outlined in his memo. Council Member Sterner stated he thought more emphasis should be placed not only on commercial development but light industrial and Business Park uses. Mayor Droste stated it should be decided how the City will partner with the senior group. He wanted to think of all seniors in Rosemount as a whole and not just growing the membership with the current senior group. Council Member Shoe- Corrigan questioned what types of amenities could be provided to the seniors and suggested having equipment in the parks that was compatible for senior use. Council Member Sterner suggested setting up a task force to work with the seniors. Mr. Verbrugge stated the formal goals and work plan for 2008 would be adopted at a March meeting. He also suggested doing quarterly evaluations to determine if the goals were being obtained. UPDATES Assistant City Administrator Foster stated that the Leprechaun Days Committee was requesting that the City pay for the fireworks display so other money could be used towards booking larger bands. In addition, the fireworks display will be larger this year. The City Council supported funding the fireworks display. Mss. Foster questioned if the City Council would like the horse and carriage rides on the local streets or Koch trail. The Council Members favored using the streets instead of trails. Council Member Shoe- Corrigan provided a recap of the library's design committee meeting. ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS FEBRUARY 19, 2008 111 There being no further business to come before the City Council and upon a motion by Droste, second by Baxter, (he meeting was adjourned at 8:53 p.m. 1 1 Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MARCH 5, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Wednesday, March 5, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies Shoe Corrigan and Sterner attending. Council Member Baxter was absent. Staff members present included City Administrator Verbrugge, Community Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, Finance Director May, City Attorney LcFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbtngge stated there were no additions or corrections. Motion by Droste. Second by Shoe Corrigan. Motion to Adopt the Agenda as presented. Ayes: 4 Nays: 0. Absent: Baxter. Motion carried. PUBLIC COMMENT Peggy Johnson with Dean Johnson Construction addressed the City Council about the sign ordinance. She stated their company received violations notices for putting up signs on the weekends. Ms. Johnson expressed her concerns about the sign ordinance by reading a letter she sent to the City Council. She requested that an amendment to the sign ordinance be made to allow for directional signs. She stated that 70% of the buyers come from the use of signs and in today's market the signs cannot be taken away. Terry Wensman with Wensman Homes favored an amendment to the sign ordinance. He emphasized how vital it was to have directional signs on the weekends. He noted it wasn't an issue in other communities to use directional signs. He added that with the current market conditions, builders need all the help they can get. Council Member Shoe- Corrigan questioned what changed over the years. Mr. Wensman stated that the City's enforcement of the signs changed. He stated he used signs for the past 8 -10 years in Rosemount. He added that he hires a company to put up the signs on Fridays and take down on Sundays. Heather with Centex Homes stated they have always used directional signs in Rosemount. She also favored a sign ordinance amendment. Jeff Adams with Continental Signs stated he had been placing signs in the area for different builders the past 10 years. He did not feel their behavior had changed but believed there was a change in enforcement. He stated he would participate in refining the ordinance and added that the Builders Association of the Twin Cities would like to be involved. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MARCH 5, 2008 Ron Tyler with Right Way Signs stated he does signage work for builders. He provided the Ciry Council with copies of other city's ordinance where amendments were made to allow for weekend directional signs. He stated it was important for the developments to sell out in Rosemount to help with the local economy. Council Member Shoe Corrigan questioned the neighboring city's ordinance. Mr. Tyler responded that the Apple Valley Mayor was tine with the use of directional signs. He added that in Eagan they do not allow You to advertise for homes that weren't in Eagan. Denise Boyles with Lennar Homes stated she appreciated all the City Council support in the past. She stated that this time of the year is the Christmas season for the builders. She asked that an exception be made to the sign ordinance for the next nvo months. She stated that without signs her business will see an impact. Mayor Droste stated that the City has been looking at the sign ordinance. He spoke about the sign enforcement issues that have been going on for months with a local resident. That resident has been reporting and ernaihng all violations to the City. He stated the sign ordinance could be discussed at the March 13 work session. City Administrator \'erbrugge stated he was going to recommend canceling the work session on March 13 and instead having a special work session on March 18. Council Member Sterner stated by waiting until March 18 it would be another weekend where the sign issue was not resolved. Mr. Verbrugge stated that the Parade of Homes ends on March 16 and noted that there wouldn't be sufficient information available at the time to provide direction. CONSENT AGENDA Council Member Sterner pulled item 6.g. and Mayor Droste pulled item 6.i. for further discussion. Motion by DeBettigniess. Second by Shoe Corrigan. Motion to approve the Consent Agenda with the exclusion of items 6.g. and 6.i. a. Minutes of the Januan' 25 and 26, 2008 City Council Goal Setting Sessions b. Minutes of the February 13, 2008 City Council Work Session Proceedings c. Minutes of the February 19, 2008 City Council Proceedings d. Minutes of the February 19, 2008 City Council Special \$'ork Session Proceedings e. Bills Listing f. Budget Encumbrances (Resolution 2008 -21) g. Rcxk Plan. Aid Spccifi..ti ..3 n..d .luthc..i .1d fo. Bid Brazil A...1.e Trail In.l...,. t Y;" NG 131 h. Declare Cost /Set Public Hearing 2007 Street Improvement Program Project, City Project 4410 (Resolution 2008-22) i. Si Ea3anent f r a Wtle t., Ronan Last Si Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Absent: Baxter. Motion carried. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MARCH 5, 2008 6.g. Receive Plans and Specifications and Authorize Ad for Bid Brazil Avenue Trail Improvements, ENG 134 Council Member Sterner requested that Cite Engineer provide information about the proposed trail improvements and system. Mayor Droste also asked Mr. Brotzler to point out the activities citizens would see during the summer. htr. Brotzler stated the project consists of approximately '/z mile of bituminous path and is located west of Brazil Avenue, south of Connemara Trail and was comprised of two segments. He added that the Parks and Recreation Department had been doing a majority of the work for the project and secured the funding. Mr. Brotzler highlighted the other projects that would be underway this summer including the Core Block East property street and utility improvements, the Shannon Parkway /CSAH 42 intersection improvements, the 2008 street improvement project and the railway quiet zone improvements. Motion by Sterner. Second by DeBettignies. Motion to Adopt a Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment and Calling for Hearing on the Proposed Assessment for the 2007 Street Improvement Project, City Project #410. Ayes: Shoe Corrigan, Sterner, DeBettignies, Droste Nays: None. Absent: Baxter. Motion carried. (Resolution 2008 -23) 6.i. Sign Easement for a Welcome to Rosemount Sign Community Development Director Lindquist stated that the City was planning to install new Welcome to Rosemount signs. Four new signs will be installed this summer, one at each northern, eastern, southern and western boundary. She added that the City needed to secure rights to property on the eastern boundary to install a sign. Staff negotiated a location of a sign easement on the Burger Fsunily Lunited Partnership property for the price of $2,820. Motion by Droste. Second by Sterner Motion to approve the payment of $2,830 to the Burger Family Limited Partnership for a 900 square foot Sign Easement and a 210 square foot Access Easement. Ayes: Droste, Sterner, DeBettignies, Shoe Corrigan Nays: None. Absent: Baxter. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on Tuesday, March 18, 2008. 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MARCH 5, 2008 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 8:05 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MARCH 18, 2008 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 18, 2008, at 6:26 p.tn. in the Council Chambers at Ciry Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter and Sterner attending. Staff members present included City Administrator Verbruggc, Assistant City .Administrator Foster, Finance Director May, City Engineer Brotzler Director of Parks and Recreation Schultz, Community Development Director Lindquist, Senior Planner Zweber, Communications Coordinator Cox and City Clerk Domeier. DISCUSSION 2.B. City Administrator Search Process and Acting City Administrator City Administrator Verbrugge provided a summary of the search process previously used in the City of Rosemount. The City Council preferred to have the RFP break down the services to be provided and the proposed costs for services. They wanted the option to do some services in house to save on the consultant tees. Nir. Verbrugge stated that tiered pricing and service options could be included in the RFP. He explained the process search firms use in recruiting candidates. The consensus of the City Council was to appoint Ms. Lindquist as Interim City Administrator. 2.A. Off Premise Sign Discussion Community Development Director Lundquist stated that the discussion was related to off premise signs. Mayor Droste stated that the enforcement component changed recently and talked about the calls he received from builders in the area. Council Member Baxter stated there were a lot of issues involved and he wanted more study done before a decision on the off premise signs was made. Council Member Shoe Corrigan stated that the off premise sign issue could not be resolved in one meeting. She wanted the discussion combined with other sign ordinance changes. She stated that not lust the businesses are affected by the signs. Mayor Droste stated the City needed to be realistic on the sign issue and that any rules that were made should be enforced. Council Member Shoe Corrigan stated she received great input from the community, from businesses, and residents about the allowance of off premise signs. She questioned if a moratorium was necessary until the sign ordinance was changed. City Attorney LeFevere advised against issuing a moratorium. He added that enforcement for signs or other ordinances is based upon available resources and Cite priorities. The City would need to make a decision on how to allocate staff resources and what other priorities the Council has for staff and the community. The City Council was in agreement that the Ad Hoc Committee should do some of the heavy lifting when researching off premise signs. Ms. Lindquist stated that the Ad Hoc group would start meeting in Nlay after the Comp Plan amendment was finished. She shared the types of comments received from the Police Department about the off premise signs. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MARCH 18, 2008 The City Council added that they wanted to be reasonable with businesses and residents while reviewing the sign ordinance. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved a motion to adjourn the meeting at 7:10 p.m. Second by DeBettignies. Respectfully subtnitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS MARCH 18, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, March 18, 2 _008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter attending. Staff members present included City Administrator Verbrugge, Community Development Director Lindquist, Senior Planner Zweber, Assistant City Administrator Foster, City Engineer Brotrler, Director of Parks and Recreation Schultz, Communica Coordinator Cox, City Attorney LeFevere and City Clerk Domeier. The Eagle Scouts led in the Pledge of Allegiance. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated there was additional information for Consent Agenda item 6.h. and New Business items 9.a., 9.b. and 9.d. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with the four additional items. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 5.a. Commendations for Attainment of Eagle Scout Rank The City Council commended Greg Mason and Matt Cdermann for recently achieving the Eagle Scout rank. 5.b. Commendation for Art Achievement The City Council commended Grace Erickson for receiving a Future Art Educator Spotlight Award. Consent Agenda Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda. a. Minutes of the March 5, 2008 City Council Proceedings b. Bills Listing c. Receive Donation Administration Dept. d. Receive Donation Parks Recreation Dept. e. Expenditure Approval from the Donation Account Parks Recreation Dept. f. Resolution Authorizing Small Issuer Rebate Exception to Port Authority (Resolution 2008 -24) g. Commissioner Appointments h. Appointment of Election Judges for April 22, 2008 Special Election (Resolution 2008 -25) i. Appointment of SKB Class 1 Trustee (Resolution 2008 -26) 1 ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS MARCH 18, 2008 j. Fire Secretary Reappointment k. Right -of Way and Boulevard Maintenance Policy 1. Receive Plans Spec's /Authorize Ad for Bid 20(18 Street Improvement Project, City Project 418 (Resolution 2008 -27) m. Declare Surplus Items n. Danner Mineral Extraction Permit Renewal Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. NEW BUSINESS 9.a. Town Centre (Core Block East) Preliminary Plat, Final Plat, Planned Unit Development Master Development with Rezoning, and Planned Unit Development Final Development Plan, Case 08- 05 -PP; 08- 06 -FDP; 08- 07 -PUD; 08 -08 -FP Corntnunity Development Director Lindquist summarized the information provided in the staff report. Council Member Sterner questioned if trees could be proposed in the landscape plan that would last longer than 15-20 years. Ms. Lindquist stated that when trees grow in grates they become restricted and need repositioning. She stated that over time the root systems start to push against the sidewalks. While it would be possible to find trees that last longer, given the City's experiences Downtown, it doesn't seen prudent to keep the trees too long in the sidewalk grates. Council Member DeBettignies questioned the street naming within the resolutions. Senior Planner Zweber explained that the street names were from the original plat. Council Member Shoe Corrigan questioned if staff discussed planting smaller trees in containers along Highway 3. Ms. Lindquist stated that along Highway 3 the trees would not be in grates. Instead, the trees would be located in the slope between the two sidewalks. Council Member Shoe Corrigan also questioned the lighting. Ms. Lindquist indicated on the plan where the lights would be located. Council Member Shoe- Corrigan questioned if awnings would he included. Mr. Zweber stated that once a commercial tenant is in place that Stonebridge would provide a signage and awning plan. Council Member Shoe Corrigan questioned the roof support for the rounded corner. She did not think that the cables would be a traditional aspect to the project. Mr. Johnson stated he would talk to his architect about using a more traditional material for roof support if the support was still needed. Council Member Shoe Corrigan questioned the different types of crosswalks that could be installed. City Engineer Brotzler explained the aesthetics, design and location of the proposed crosswalks. Council Member Shoe- Corrigan requested that the plan define and enhance pedestrian crossings. 1 1 1 Mayor Droste questioned the parking. Ms. Lindquist stated that while most cities require two stalls per unit, Rosemount's downtown ordinance did not have any parking standards. She stated that the developer was comfortable setting the parking ratio at 1.5 per unit due to the [nixed use of the building and the ability to have shared parking Council Member Baxter was delighted to see the project come to fruition. He thanked staff, Wally Johnson and the Planning Commission for their hard work. He looked fonvard to the groundbreaking this spring. Motion by DeBettignies. Second by Baxter. Motion to adopt a Resolution approving the Prelitninary Plat and Final Plat for Town Centre Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -28) Motion by DeBettignies. Second by Shoe Corrigan Motion to adopt a Resolution approving the Planned Unit Development Master Development Plan with Rezoning and Planned Unit Development Final Development Plan for Town Centre. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Rcsolution 2008 29; Motion by DeBettignies. Second by Shoe Corrigan. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Ordinance B -195) ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS MARCH 18, 2008 Motion to adopt an Ordinance B -xxx, an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Town Centre. 9.b. Adopt City Council Goals 2008 -2009 City Administrator \"erbrugge stated that the City Council held a goal setting session in January, 2008. The six goals for 2008 -2009 included 1) Maintaining the levels and quality of City Services; 2) Implementing reasonable tax management strategies; 3) Accomplishing downtown redevelopment; 4) Achieving balance growth; 5) Pursuing amenities appropriate to Rosemount; and 6) Enhancing relationships with educational institutions in Rosemount. Mayor Droste talked about the amount of time needed to accomplish some of the goals. He provided the time frames in completing the Library, downtown redevelopment and outdoor recreational complex. Council Member Baxter stated the goals were very important and he also talked about the timeframe in completing downtown redevelopment. Motion by DeBettignies. Second by Sterner. Motion to Adopt the City Council Goals for 2008 -2009. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste, Sterner Nays: None. Motion carried. 9.c. Authorization of RFP on Executive Search Consulting Services to Recruit and Assist in the Selection of a City Administrator City Administrator Verbrugge summarized the discussion from the special work session held prior to the regular meeting. The City Council had requested that the proposed services and rates be broken down. He stated that staff would make the modifications to the RFP before sending it out. Motion by Shoe Corrigan. Second by Baxter. Motion to Authorize Staff to Being the Cin• Administrator Recruitment Process and Request Proposals from Executive Search Firms. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS MARCH 18, 2008 9.d. Appointment of the Acting City Administrator City Administrator Verbrugge summarized the discussion from the special work session held prior to the regular meeting. The City Council decided to appoint Community Development Director Lindquist as Interim City Administrator. Mr. Verbrugge recommended that the City Council accept his formal letter of resignation and adopt a resolution appointing Ms. Lindquist as Interimm City Administrator. Council Member Baxter stated he was sad to see Mr. Verbrugge move on but delighted for him to tind an opportunity where he could expand his horizons. Mayor Droste added that it was a pleasure to work with Mr. Verbrugge the past five years and wished him nothing but the best going forward. Council Member DeBettignies concurred Motion by Baxter. Second by DeBettignies Motion that we accept the resignation of blr. Vetbrugge effective April 11 and appoint as Interim City Administrator Kim Lindquist commencing April 12 until a new administrator can be appointed. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -30) ANNOUNCEMENTS Mayor Droste reviewed the upcoming meetings and events. The next regular City Council meeting is scheduled for April 1, 2008. 1 1 ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS MARCH 18, 2008 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 8:41 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL PROCEEDINGS APRIL 1, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Tuesday, April I, 2008, at 7:03 p.m. in the Conference Room at City Hall, 2875 145t Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies and Baxter attending. Council Members Sterner and Shoe Corrigan arrived shortly thereafter. Staff members present included City Administrator Verbrugge, Cotntnunity Development Director Lindquist, Police Chief Kalstabakken and City Clerk Domeier. Ryan Zipf, Esq. was also in attendance. Motion by Droste. Second Baxter. Motion to Move to Closed Session for the Purpose of Discussing the Human Rights Complaint. Ayes: 3 Nays: 0. Absent: Shoe Corrigan, Stemer. Motion carried. 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 7:25 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS APRIL 1, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, April 1, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were City Administrator Verbrugge, Assistant City Administrator Foster, Community Development Director Lindquist, Project Manager Aderhold, City Engineer Brotzler, Chief of Police Kalstabakken, Fire Chief Aker, Director of Parks and Recreation Schultz, Communications Coordinator Cox, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was led by the Boy Scouts in attendance. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated the addition of item 6.o. Receive Plans and Specifications/ Authorize Ad for Bid Well House #15, City Project #408 to the Consent Agenda. Motion by Droste. Second by Baxter. Motion to Adopt the Agenda with the Addition of item 6.o. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Commendations for attainment of Eagle Scout rank The City Council commended John Hannasch and Colin Patience for recently obtaining the Eagle Scout ranking. 3.b. Recognition of American Legion Fire Fighter and Police Officer of the Year Fire Fighter Leigh Anderson and Police Officer tWkael Dahlstrom were recognized for receiving awards from the American Legion Post #65. 3.c. Presentation by Staff Sergeant Erik Solheid and Michelle Solheid Staff Sergeant Eric G. Solheid and Michelle Solheid presented a United States flag that was flown during SSG Solhcicl's deployment in Iraq. Mayor Droste proudly accepted the flag which y‘ill be permanently displayed in the Council Chambers. 3.d. Arbor Day Proclamation Parks and Recreation Director Schultz presented information about the proclamation naming May 3, 2008 as Arbor Day and the month of May as Arbor Month. Motion by Droste. Second by Stemer. Motion to approve the attached proclamation naming May 3, 2008 as Arbor Day and the month of May as Arbor Month. 1 1 1 Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda with the addition of item 6.o. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. PUBLIC HEARINGS 7.a. Assessment Hearing 2007 Street Improvements Project, City Project #410 Project Engineer Aderhold provided an overview of the 2007 Street Improvement Project. City Attorne■ LeFeyeIe explained the assessment appeal process. Mayor Droste opened the public hearing. ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS APRIL 1, 2008 Rick Cook, 14665 Biscayne Way, Rosemount, expressed concern about the cracks in the driveway aprons. He was also concerned about the slope from the homes to the street level. He added that the City did a fabulous job on the project. City Engineer Brotzler explained the warranty period for the project. He also explained how the concrete cracks may be fixed. Laura Radosevich, 14765 Cambrian Avenue, Rosemount, questioned if the street improvements unproved her property value. Mr. Brotzler explained the assessment process that was provided in State Statute. Ms. Radosevich also expressed her personal concerns about the project. She was not convinced that Cambrian Avenue was in a state that it needed to be repaired. She was also concerned about the property value, loss of trees and water pressure. She added that she felt the truck traffic during the construction of the Rosemount Crossing project caused the damage to the road. Mr. Aderhold stated he was aware of Ms. Radosevich's claims and would be checking into her claims. He stated that eight trees were removed that were within the right -of -way. Mr. Brotzler added that the tree removal was necessary for the replacement of the sewer and water service. City Attorney LeFevere stated that the claims described would be against the contractor and would not he handled as part of the appeal process. Ms. Radosevich's stated the trouble they had with accessing their property. She also stated that the new driveways and sidewalks did not match aesthetically. Mr. Brotzler explained more about the pavement management program including the rating system that is used on all streets. Motion by Droste. Second by Baxter Motion to Close the Public Hearing. 1 Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR PROCEEDINGS APRIL 1, 2008 Council Member Shoe Corrigan questioned the complaint of the outside faucet that leaked for two days. Mt. Aderhold stated that he was unaware of the complaint. Council Member Shoe Corrigan questioned if the deterioration of the street was caused by truck traffic. Mr. Brotzler stated no and added that garbage trucks do as much damage to a street on a weekly basis. Council Member DeBettignies questioned the tree replacement policy. Mr. Brotzler stated that tree replacement varied depending upon circumstances and the property owner's requests. Council Member Baxter explained co the residents the amount of tune that is spent during the budget season on the pavement management program. Mayor Droste explained the appeal process. Ms. Radosevich provided an appeal notice to NI.r. Aderhold. Motion by Baxter. Second by Shoe Corrigan. Motion to Adopt a Resolution Adopting the Assessment Roll for the 2007 Street Improvements Project, Cite Project #410. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. ANNOUNCEMENTS The Mayor and City Council Members thanked City Administrator Verbrugge for his five years of service and dedication to the Ciry of Rosemount. Mr. Verbrugge thanked the Mayor and City Council Members for their kind words. Mayor Droste reviewed the calendar of upcoming events. The next regular City Council meeting will be held on April 15, 2008. ADJOURNMENT There being no further business to come before the Cin• Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 9:03 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 9, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular work session of the Rosemount City Council was duly held on Wednesday, April 9, 2008, at 6:32 p.m. in the Council Chambers at City Hall, 2875 l45 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present included City Administrator Verbrugge, Community Development Director Lindquist, City Engineer Brntzler, Fine Chief Aker, Finance Director May, Director of Parks and Recreation Schultz and City Clerk Domeier. DISCUSSION 2.A. Serving Senior Population Director of Parks and Recreation Schultz summarized the uiformation provided in the staff report. He provided a draft outline of a work plan/timeline for moving forward. Council Member Baxter felt the City was not doing enough for the senior population. He also stated that with Dakota County being involved he did not fund it necessary to recreate the wheel. He found real value in having a task force. Community Development Director Lindquist stated that a task force would be attractive to people who self select because they have a strong interest. She stated it would be helpful to go out to the seniors not participating in City programs now to find out why they do not participate. Mr. Schultz echoed her comments stating it would be helpful to get input from other seniors before starting the task force. Council Member Shoe Corrigan preferred having listening sessions and a task force. Mayor Droste stated it was important to have housing and transportation discussions. The consensus was to hold listening sessions at the locations listed within the staff report. The residents could till out an informal survey. Staff could use the information to bring recommendations to the Council and to set up a task force Roger Rebltng, a Crosscroft neighborhood resident, was concerned that facilities were not mentioned during the discussion. He believed that if a facility were in place the amount of seniors participating would increase. He added that a task force was not necessary. Mayor Droste stated that task forces work and provided history on past task forces. He explained the outcome of the St. Joseph Church task force and future proposed upgrades to the site. Council Member Shoe Corrigan stated that at the goal setting session they discussed the requests of the seniors. She stated all the reasons the task force would be important. City Administrator Verbrugge stated that only a small group was engaged in the senior activities and that it was important to find out the interest of the entire population and how to engage them. He could not validate that with a facility the senior membership would increase. Discussion further ensued regarding the referendum, senior's needs, facilities, accessibility and transportation. ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 9, 2008 Karen Wagner, a Crosscroft neighborhood resident, stated that a person from each senior group in Rosemount should serve on the task force. Each group could provide their ideas for going forward. She stated that transportation was the biggest issue. Mr. Schultz stated that greater participation from various senior organizations was a goal that he talked about at the beginning of his presentation. Council Member Sterner stated that last year the seniors requested 1 coordinator and now they want a facility. Council Member Baxter thought a facility with reasonable rent would be a good way to start. The City Council directed staff to hold listening sessions. Once the information had been gathered staff could bring recommendations to the City Council and a task force could be discussed. 2.B. 2009 Preliminary Budget Process City Administrator \'erbrugge stated he had two points of discussion. His first point included sharing the statistical data that would be included within the budget. He wanted to move away from talking about the tax rare. He found it to be more reasonable to take a stand on how much or whether the City Council was going to increase the lev Handouts were distributed and he explained the many components that play into the tax rate. He stated that a three percent lcv'c growth was not unrealistic noting that after the referendum the City would know more about where it stands. 1f the referendum passes, decisions on staffing, equipment purchases and facilities could be wade moving forward. The second part of Mr. \Terbrugge's presentation included staffing decisions and organizational issues. He provided a memo regarding the budgeting and reorganization of staff. Community Development Director Lindquist stated that management would continue to look for efficiencies in the building department. She did note that while they are willing to make cuts when necessary the expectation is that when there is an upturn in the market and more building permits are coming in additional staff would be needed. Mayor Droste's biggest concern was about being aggressive in figuring out how to add jobs to the community. He wanted the better and smarter marketing of the City. Council Member Baxter was glad that management was being proactive. The reorganization as proposed would be brought to the City Council at the April 15 meeting. 2.C. UMore EIS Community Development Director Lindquist summarized the information provided in the staff report. Council Member Baxter believed that the UMore land that falls within the City should be governed by the City. Council Member Shoe- Corrigan stated her concerns with the mining on the property. She wanted the City Council to have input on the development of lakes, etc. Ms. Lindquist responded that an AUAR would look at the development, sewer, transportation and vehicle impacts but the EIS would not include development issues. The City Council wanted to be the RGU for the ALTAR and be involved in the compilation of the EIS. The City Council also wanted to review the EIS and be involved in the selection 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 9, 2008 of the consultant who will conduct the EIS. Staff was told to send a letter saying the City supported the University being the RGLI for the aggregate mining EIS but the City wanted to be the RGU for the future AUAR and wanted to be involved in the mining EIS process. 2.D. Executive Search RFPs City Administrator \'erbrugge provided a summary of the staff report and proposals. The City Council consensus was to use The Brimeyer Group, Inc. The item will be brought to the City Council at the April 15 meeting. UPDATES 3.A. McAndrews Road/Shannon Parkway Intersection City Engineer Brotzler provided a summary of the staff report. The City Council was in agreement to have the City take the lead on the project. 3.B. 150 Celebration History Book City Administrator \'erbrug'c provided a summary of the staff report. Discussion ensued regarding different ways to tic in a history project to the library and church. Council Member Baxter suggested doing a bigger project for 2.009 since it would be the Leprechaun Days 30' anniversary. The City Council decided to do a flyer for the celebration this summer and look into having a book in 20(J9. They felt fundraising for a book could occur over the next year with emphasis during the Leprechaun Days celebration.. 3.C. Other Quiet Zone Diagnostic Review City Engineer Brotzler provided a recap of the meeting held on April 8. Further discussion will take place at the May 14 work session to provide an update on the additional review of the project. Shannon /42 Intersection City Engineer Brotzler stated that the contractor plans to start the project road work on April 28. Outdoor Recreation Complex Access City Engineer Brotzler stated a letter was sent to the County about the access issues. An email was sent to Mr. Brotzler stating that a response letter would be sent out next week. Mr. Brotzler followed up with a phone call to find out what the letter would include and was told that the County plans to reply that two accesses are needed at the site. Council Member Shoe Corrigan stated her concerns with the County's direction. She found the need for a second access to be unreasonable. Mayor Droste stated that he would contact Commissioner Branning. Mayor Droste will send a letter to the commissioners after the City receives the letter from Dakota County. Downtown Flowers Council Member Shoe Corrigan requested that flowers be added to the Downtown. She wanted flowers added to the light poles or that bigger planters be included. Council Member ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS APRIL 9, 2008 Baxter favored the additional flowers in the Downtown. A cost estimate to the May 14 work session. Core Block West Mayor Droste stated the Core Block West meeting would be held on April 24 at 6:30 p.m. Community Development Director Lindquist stated that all property owners and businesses would be invited. She stated discussion would include information about the grant program for the facades, Twin Cities Community Capital Fund gap financing and the update on Core Block East. Elections A special City Council meeting will be held on April 23, 2008 beginning at 5:15 p.m. to canvass the results of the April 22 election. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Baxter. The motion was adjourned at 9:53 p.m. Respectfully Submitted, Amy 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, April 15, 2008, at 7-30 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were Interim City Administrator /Community Development Director Lindquist, Assistant City Administrator Foster, Senior Planner Zweber, Chief of Police ICilstabakken, Director of Parks and Recreation Schultz, Communications Coordinator Cox, City Attorney Tietjen and City Clerk Domeier. The Pledge of Allegiance was led by the Boy Scouts in attendance. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator Lindquist stated that additional information was added to Consent Agenda items 6.j. and 6.k. She stated that Item 6.o. Approve Extending Working Hours for SIB Environmental was added. She also pulled item 6.m. from the Consent Agenda. Motion by Droste. Second by DeBettignies. Motion to adopt the Agenda with the changes. Aves: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 15, 2008 DEPARTMENTAL REPORTS /BUSINESS 3.a. Volunteer recognition Mayor Droste presented certificates of appreciation to the volunteers listed within the staff report. Motion by DeBettignies. Second by Sterner. Motion to approve the Proclamation recognizing volunteers in Rosemount. Ayes: 5 Nays: 0. Motion carried. PUBLIC COMMENT Maureen Asleson, Rental Coordinator at the Rosemount Community Center, asked the City Council to reconsider the action to eliminate Community Center Manager position. Tom Pekarski, 14800 Dodd Blvd., Rosemount, expressed concern about the level of enforcement for off premise signs in the City.. He was concerned about the home builders who place signs throughout Rosemount. He questioned why a committee was set up to review the sign ordinance for the home builders but not for his sign issues. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 15, 2008 Interim City Administrator Lindquist explained that the task force had been previously set up to focus on other sign issues but they will also be addressing off premise signs and electronic signs. ;Mayor Droste added that in the R -1 zoning district off premise signs are not allowed. Mr. Perkarski questioned if he could be arrested for a probation violation. Police Chief Kalstabakken replied that when a person does something wrong they take the chance of getting caught whether or not on probation. Ms. Lindquist explained that Mir. Perkarski runs a home occupation and that signage is not allowed for home occupations per the zoning code. Leigh Anderson, 14321 Bayberry Trail, Rosemount, voiced concern about the decision to eliminate the Fire Marshal position. He asked the Cin Council to reconsider their decision to eliminate the Fire Marshal position. He was concerned about being a $2.00 per call firefighter and the danger he would be put in without a Fire Marshal on staff. Glenn Snyder, 14800 Camero Lane, Rosemount, expressed concern about eliminating the Fire Marshal's position. Ms. Lindquist stated that Consent Agenda item 6.d. relates to the reorganization resulting in the layoff of the current Fire Marshal. She stated that those duties would be combined into a new code compliance official position. She added that staff explored the certification and education components and that capable staff was available to meet the job responsibilities or the State can also help out on a temporary basis. CONSENT AGENDA Council Member Sterner pulled item 6.d. from the Consent Agenda for further discussion. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda with item m being eliminated; item d being pulled and the addition of item o and additional wordage added to j and k. a. Minutes of the April 1, 2008 Special Cite Council Proceedings b. Minutes of the :\pill 1, 2008 City Council Proceedings c. Bills Listing e. Authorize creation of new position f. Budget Amendments (Resolution 2008 -34) g. On -Sale License on Public Premise h. Approve Selection of Executive Search Firm i. 2008 Leprechaun Days Service Agreement j. Receive Bids /Award Contract Brazil Avenue Trail Improvements, ENG 134 (Resolution 2008-35) k. Award Contract Akron Utility Clearing, City Project #417 (Resolution 2008 -36) 1. Declaration of Easement Akron Avenue Trunk Utility Railroad Improvements, City Project #417 1 1 tzz. A.,th rizc Lxecutiwz 4 Subdiviai n Ag.—.,.cnt f Town Centre, City Pr ject it 119 n. Welcome to Rosemount Sign o. Approve Extended Working Hours for SKB Environmental. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 15, 2008 6.d. Authorize Reorganization Council Member Sterner did not feel comfortable with the item being placed on the Consent Agenda. He approved the concept of the item but requested more information on the positions. Council Member Baxter stated that the City would be heading into difficult budget times in 2008 and 2009 but expected the worst in 2010. He stated that the City needs to make provisions. He added that if a Fire Marshal is needed at 50'?i capacity then it should be brought to the City Council through the right channels. Mayor Droste noted that the Fire Marshal served the City in a part -time capacity and explained how the position was being restructured. He added that the City contributes a large amount of tnoncv to the tire department for their retirement. Council Member Shoe Corrigan stated it was not an easy decision to make but the reorganization was part of the City Council's responsibility heading into difficult times. Council Member DeBettignies explained the economics of the reorganization. Motion by Baxter. Second by Shoe Corrigan. Motion to Approve the elimination of the Community Center Manager, Fire Marshal, Code Enforcement Specialist, and one Building Inspector; and Authorize staff to Issue Notices of Layoff. Ayes: Shoe Corrigan, Droste, Baxter, DeBettignies Nays: Sterner. Motion carried. PUBLIC HEARINGS 7.a. Duluth Management, LLC Application for Off -Sale Liquor License City Clerk Domeier summarized the information provided in the staff report. Mayor Droste opened the Public Hearing. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 1 1 1 Nays: 0. Motion carried. The City Council thanked Fritz Dolejs for his many years of service and involvement in community. Mr. Dolejs stated it was a successful 22 years and he appreciated the relationship he had with the City Council and Police Chief Katstabakken. Apurva Patel, representing the new owner, stated that he did not anticipate any changes in the daily operations. Motion by Shoe Corrigan. Second by Sterner. Motion to approve the off -sale liquor license application for Duluth Management, Inc. DBA Shenanigans Liquors for property located at 15047 Crestone Avenue with the condition that the current owner relinquishes its liquor license upon the sale of the business. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS APRIL 15, 2008 ANNOUNCEMENTS Council Member Baxter announced that Greg Clausen would be retiring in June. He wished Mr. Clausen the best of luck as he retired from the school. Mayor Droste announced the upcoming events on the City Council calendar. The next regular City Council meeting will be held on May 6, 2008. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 8:42 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL SPECIAL PROCEEDINGS APRIL 23, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Tuesday, April 23, 2008, at 5:15 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Acting Mayor Sterner called the meeting to order with Council Members DeBettignies and Shoe Corrigan attending. Mayor Droste and Council Member Baxter were absent. Staff members present included Interim City Administrator Director Lindquist, Director of Parks and Recreation Schultz and City Clerk Domeier. NEW BUSINESS 2.a. Canvass of the April 22, 2008 Election Returns City Clerk Domeier provided a summary of the staff report and distributed a spreadsheet of the election results. There was a 25 "'o voter turnout for the special election. Ms. Domeier added that 82 residents voted by using absentee ballots. Motion by DeBettignies. Second Shoe- Corrigan. Motion to Declare the Results of the April 22, 2008 Special Election Retums with the total yes votes registering at 877 and the total no votes registering at 1981. Ayes: 3 Nays: 0. Absent: Droste, Baxter. Motion carried. There being no further business to come before the City Council and upon Motion by DeBettignies and Second by Shoe Corrigan the meeting was adjourned at 5:18 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS APRIL 28, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Monday, April 28, 2008, at 8:04 p.m. in the Conference Room at City Hall, 2875 145'" Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Baxter, Sterner and Shoc- Corrigan attending. Staff member present was .Assistant City Administrator Foster. DISCUSSION 2.A. Citv Administrator Executive Search Discussion Jim Brimeycr and Richard Fursman with the Brime■er Group were in attendance to discuss the process for the search. Discussion was held regarding candidate profiling and the proposed timeline. Brimevcr will hold a special forum scheduled on May 15 for the public to provide input regarding the new administrator search. This will allow community members a chance to have discussion about the profile of the "ideal" candidate. The advertisement of the event will be done through Chamber emails, newspapers and by cable. There being no further business to come before the City Council and Mayor Droste adjourned the meeting at 9:58 p.m. Respectfully Submitted, Emmy L. Foster, Assistant City Administrator 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MAY 6, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, May 6, 2008, at 6:03 p.m. in the Conference Room at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, Shoe Corrigan and Sterner attending. Council Member DeBettignies arrived shortly thereafter. Staff members present included Interim City Administrator, /Community Development Director Lindquist, City Engineer Brotzler, Finance Director May, Director of Parks and Recreation Schultz, Project Engineer Aderhold, Operations Superintendent Cook, Assistant City Administrator Foster and City Clerk Domeier. DISCUSSION 2.A. Downtown Flowers Hanging Baskets, ENG 088 City Engineer Brotzler summarized the information provided in the staff report. He clarified that the brackets would take six to eight weeks to be delivered. Council Member Sterner suggested that volunteer groups, seniors and business owners could do the watering as a special project to help minimize costs. Mr. Brotzler stated that given the height of the flower pots it would not be feasible to water the plants by hand. He explained the type of equipment that would be used by Public Works for watering on 145 Street and on I- Iighway 3. Mayor Droste was concerned about the costs since labor was not included. He suggested waiting a year for the project since the Library and Core Block East developments would be completed. Mr. Brotzler stated that watering on Saturday and Sunday could be overtime for the employees. He stated that in the heat of summer watering may need to be done twice a day. Mayor Droste found it more feasible to install bigger flower pots on the corners. Council Member Shoe Corrigan was concerned about the space available for flower pots on the corner. She wanted the Downtown to look nice in the summer. She also questioned if the summer help could be in charge of watering the plants. Mr. Brotzler stated that during the week the part -time help could water the flowers but for over -time it would have to be offered to the full -time employees as part of the union contract. Council Member Shoe Corrigan did not favor waiting a year to start the project. Mayor Droste thought it was not wise to spend money on the project given the current economy. Council tlember Baxter favored doing half the light poles this year and half next year. Discussion continued regarding what poles should be included this year. Mr. Cook indicated it would be easier to maintain the poles located along 145t Street. The City Council decided to include 17 -18 poles along 145 Street. Council .Member Shoe- Corrigan requested that staff check into the labor issues. Mr. Brotzler stated that every measure would be taken to minimize the cost. City Administrator Lindquist stated that next year it would be budgeted to include the Light poles along Highway 3 from the Core Block East project to the new library. 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MAY 6, 2008 2.B. Quiet Zone Update Project Engineer Aderhold provided additional project handouts for discussion. Figure 1 Mr. Aderhold stated that Figure 1 starts at County Road 46 and extends all the way to Akron Avenue. At the diagnostic team meeting the City was told the crossing would need to be updated to a constant warning time improvement. He stated that the railroad was hesitant to give the costs and provided a range from 5,000 $150,000. The reasoning behind the large range of cost was because the amount of work and the length of the fiber optic extension were unknown. He added that the City would need to authorize Union Pacific's engineering costs which ranged from $5,000 $15,000 for updating the crossing arm's control box. City Engineer Brotzler pointed out that the engineering costs were for the design work for the control box and the constant warning time improvements. Mr. Aderhold added that the improvements were required for the establishment of the quiet zones. Figure 5 Mr. Aderhold stated that Figure 5 was located at Biscayne Avenue. Previously the plan had shown that north of the tracks there would be a 11)0 foot median and south of the tracks about a 30 foot median. To maintain full access to the north driveway for the ISD 917 school the median would need to be 100 feet for approval. He stated that he met with the school district and the district is aware of the median change and they were fine with a change in access. The cost does slightly increase for the improvements because of the 70 foot median extension. The total cost for the surface improvements was $70,000. He added that this crossing also required a constant warning time improvement upgrade with the same costs as the 160` crossing. Figures 2 -4 Mr. Aderhold stated that Figures 2 -4 were originally presented to the City Council with a median that was 60 feet in length close to the railroad tracks that would not affect Brazil Avenue. Since that tune staff found out the length of the median would be measured differently so the median was pushed back. He stated that a survey was done to fund out where the cross arm would exactly go down and that a 60 foot median would create a'/a access at the intersection of 145th and Brazil. That would eliminate a left out of Brazil Avenue. He stated that the City would need to submit this application to gain approval for the quiet zone approvals as it meets the 60 foot requirement. He noted that with the location of the driveway it would need to go to Washington DC for approval. He explained the set up of Figure 3 using the 100 foot median. He stated it would eliminate the left out and the left in and would be guaranteed approval. Chief of Police Kalstabakken noted that people would go through Rosemount Woods to get from Brazil Avenue to Connemara Avenue. Mr. Aderhold explained Figure 4 which is four -way crossing arms and stated it would cost the City approximately $300,000 to $400,000. 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MAY 6, 2008 Council Member Sterner requested the engineer's recommendation. Mr. Brotzler stated that Option 1 required more review and provided no guarantee of approval, Option 2 would guarantee approval and that Option 3 meets the standards and keeps the access full. Mr. Kalstabakken was concerned about traffic going through the manufactured home park or making left turns that were not allowed. Council Member Shoe- Corrigan thought having gates was the best option. Mayor Droste questioned the funding mechanisms for the quiet zones. Mr. Brotzler was not aware of any federal funding but would find out if they were eligible for state aid. He stated that safety by City Hall should be the nurnber one issue. The City Council was interested in pursuing option 3 and looking at different funding options. Council Member Baxter did not favor spending a half trillion dollars. Interim City Administrator Lindquist stated that option 2 was cheaper and allowed for a right in and right out access. Mayor Droste expressed concern about people accessing Erickson Park. Council Member DeBettignies was also concerned with access issues when using Option 2. Mr. Aderhold stated that Option 4 would be subject to annual review. He explained the risk of going with Option 4 including the potential loss of the quiet zone designation. He did not recommend the choosing that option. The City Council directed that engineering could be done at 160t and Biscayne. They also directed staff to move forward with Option 3 on 145 and to look for alternate funding. 2.C. City History Book Interim Cie: dministrator Lindquist stated to have the history book available next summer the City Council would need to authorize the expenditure in the next three months to have it written and published. She stated there were no fundraising cormnitments in place and asked if the City Council wanted to upfront the cost. She added that fundraising, could be done to reimburse the City funds but she was worried because obtaining funding for Leprechaun Days has been difficult. The City Council directed staff to wait until an adequate funding source was found. Motion by Droste. Second by Sterner. Motion to continue this meeting after the City Council meeting. Ayes: 5 Nays: 0. Motion carried. The work session was adjourned at 7:20 p.m. The Mayor reconvened the work session at 8:06 p.m. in the Conference Room with all Council Member., assistant City Administrator Foster, Interim City Administrator/Community Development Director Lindquist, City Engineer Brotzler, Director of Parks and Recreation Schultz, Finance Director May and City Clerk Domeier were present. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MAY 6, 2008 2.D. Parks and Recreation Improvements Bond Referendum Director Of Parks and Recreation Schultz requested direction on moving forward with the projects. Mr. Schultz stated that he and City Engineer Brotzler met with the landscape architect to discuss phasing the project. He added that DCTC starting grading the area where the new soccer fields will be located. He stated that St. Joseph's Church received written communication that they could start the design work on the new school. It was anticipated that the school would break ground this fall and begin school in the new facilit in the fall of 2009. He added that church and school improvements were necessary to bring the buildings up to public use standards. Council Member Shoe Corrigan wanted an exit poll done to find out the demographics of the voters. Interim City Administrator Lindquist suggested doing a survey. Mayor Droste did not think it was prudent to spend funds on a survey. Council Member Baxter wanted the St. Joseph's renovations back on the November ballot. Council Member Sterner wanted the St. Joseph's renovations and the ORC back on the ballot in November. Ms. Lindquist questioned if it would be the same question and if the costs would be cut. Discussion ensued regarding voter turnout and the wording of the referendum question. Mr. Schultz pointed out that Apple Vallee did surveys on their referendum beforehand. Mayor Droste suggested sending a letter to the local groups to find out how much they were willing to support the ORC. A majority of Council Members found the ORC to he a dead issue due to lack of support. Mr. Schultz indicated that monies were available in the park improvement funds to start grading. The Cir- Council did not support the grading of the project. Mr. Schultz stated he had inquiries about farming the land. The City Council would allow for the land to be farmed if the agreement was acceptable with City Attorney and Flint Hills Resources. Council Member Sterner supported surveying the residents. He thought both the arts and athletic groups could have done a better job promoting the referendum. Council Member Baxter suggested having RAAA pay for the survey. Discussion continued regarding the potential survey questions and the cost for doing only a partial survey on the pertinent issues. Nir. Schultz questioned what the direction would be if the voters ruined down the church renovations again. Mayor Droste suggested using park funds to pay for the upgrades to the church. Mr. Schultz replied that it would be difficult to use park dedication funds for the church project. Council Member Baxter stated that if the voters did not want to invest in the church then the City should look for a developer. The City Council directed staff to do the following: 1) find out the demographics of the voters from April 22' 2) send a letter to community groups; 3) work with bond counsel for the wording of the question for the general election; and 4) find out the cost to do a partial community survey 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MAY 6, 2008 2.E. Rosemount Liquor License Violation Chief of Police Kalstabakken stated that Rosemount Liquors failed the April 24 compliance check. It was their fourth violation under the present ownership since 2005. He added that three of the four violations were within the past 37 months. Fie explained the penalty criteria that were set in the last consent order from November, 2007. Mr. Kalstabakken stated that per the Consent Order, Rosemount Liquor should serve an immediate 11 day suspension. He stated that Rosemount Liquor found the City's tines and penalties to be excessive compared to other cities and feared it would shut down their business. Mfr. Kalstabakken stated that Rosemount Liquor would agree to the 11 day suspension if it could be served on Mondays, Tuesdays and \Wednesdays. Mr. Kalstabakken requested direction on proceeding with the current consent order which required the 11 day suspension. He questioned the support for allowing the suspension to occur on Mondays, Tuesdays and Wednesdays. He added that Rosemount Liquors was willing to pay the civil fine but in lieu of serving the suspension they would donate proceeds to MADD or SADD. He explained that Minnesota Statutes did not allow the Licensee to donate to organizations in lieu of serving the suspension or revocation. Mayor Droste stated the he and Interim City Administrator Lindquist would be meeting with the owners Thursday, May S. Council Member Shoe- Corrigan compared the Rosemount penalties to surrounding metro cities and did not kind the City's rules to be that far out of line. She wanted the City to enforce the ordinance as written and stated the owners needed to accept the consequences and take responsibility. Council Member Baxter did not support the suspension being served only Monday through Wednesday. He suggested that Rosemount Liquor hire a company to do compliance checks on a monthly basis and provide the City with the reports. Council Member Shoe Corrigan did not agree to any negotiations with Rosemount Liquor. Mr. Kalstabakken explained that if the Rosemount Liquor did not accept serving the 11 day suspension they could appeal the decision and request a hearing. The City Council agreed that Rosemont Liquors should serve a consecutive 11 day suspension. UPDATES Interim Cm Administrator Lindquist stated she would be attending a meeting with the consultants for the EIS for the aggregate removal from the UMore site. Ms. Lindquist stated that AFSCME union members voted down the new inspector position proposed wage. She stated that John Kendall was hired for the position and would receive an interim wage. Council Member Baxter wanted to supply the Public Works Department with donuts or bagels for National Public Works Week. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS MAY 6, 2008 Council Member Baxter requested support to do a Habitat for Humanity home or a program to build awareness of hunger or domestic abuse awareness. Director of Parks and Recreation Schultz will check with the Family Resource Center for ideas on different programs. Chief of Police Kalstabakken stated that a CSO did a drive by of the 116 foreclosed properties. He stated that approximately half were unoccupied. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second be DeBettignies. The motion was adjourned at 10:10 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 6, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 6, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145` Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were City Administrator/Conn Development Director Lindquist, Assistant City Administrator Foster, Project Manager Aderhold, City Engineer Brotzler, Chief of Police halstabakken, City Engineer Brotzler, Communications Coordinator Cox, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator Lindquist stated changes to the Consent Agenda included additional information was provided for item 6.h Receive Bids -2008 Street Improvement Project, City Project #418 and the addition of item 6.1. _Authorize Preparation of Plans and Specifications Harmony 5` Addition, City Project #422. Motion by Droste. Second by Baxter. Motion to adopt the Agenda with the additional information for item 6.h. and add on of item 6.1. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Presentation of plaque to Greg Clausen Mayor Droste presented a plaque to Greg Clausen commending his many years of service as a Principal at Rosemount High School. 3.b. Recognition of Tom Kempe Mayor Droste presented a plaque to Tom Kempe commending his three years of service on the Utility Commission. 3.c. Recognition of Destination ImagiNation at Rosemount Middle School. Mayor Droste presented team members with certificates of commendation the second place at the state competition. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 6, 2008 3.d. Proclamation of National Public Works Week Mayor Droste read the information provided in the staff report and proclamation. Motion by Mayor. Second by Shoe Corrigan. Motion to approve the Proclamation declaring May 18 -24 as Public Works \Veek. Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda. a. Minutes of the April 9, 2008 City Council Work Session Proceedings b. Minutes of the April 15, 2008 City Council Proceedings c. Minutes of the April 23, 2008 Special City Council Proceedings d. Minutes of We April 28, 2008 Special City Council Work Session Proceedings e. Bills Listing f. Financial Crimes Services Worthless Check Program Agreement g. Receive Donation Parks Recreation Dept. h. Receive Bids -2008 Street Improvement Project, City Project #418 (Resolution 2008 -37) i. Sprint Communications Company Reimbursement Agreement Akron Avenue Trunk Utility Railroad Improvements, City Project #417 j. Akron Avenue Union Pacific At -Grade Crossing Agreement, City Project #417 k. Payment #6 Final Well House #14, City Project #382 1. Authorize Preparation of Plans and Specifications Harmony 5' Addition, City Project #422 (Resolution 2008 -38) Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on May 20, 2008. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 7:54 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR WORK SESSION PROCEEDINGS MAY 14, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular work session of the City Council was held on Wednesday, May 14, The meeting was held in the conference room at City Hall, 2875 145' Street \Vest, Rosemount. Mayor Droste called the meeting to order at 6:35 p.m. Council Members Baxter and Shoe Corrigan were in attendance. Council Members DeBettignies and Sterner arrived shortly thereafter. Staff members present included Interim City Administrator/Community Development Director Kim Lindquist, City Engineer Brotzler, City Clerk Domeier, Assistant City Administrator Foster, Senior Planner Zweber and Finance Director May. DISCUSSION 2.A. WHEP Presentation Tern Pearson thanked the City Council for supporting the WHEP program. Mr. Pearson and Jane Porterfield provided more information about the program and summarized the results of the 201/7 wetland monitoring. Mayor Droste suggested that hlr. Pearson and Nis. Porterfield provide the same presentation to the neighborhoods. 2.B. City Administrator Executive Search Process Richard Fursman with the Brimeyer Group was in attendance and provided suggested search timetables for an August or September City Administrator start date. City Council preferred to move forward with the timetable including the August 2008 start date. Mr. Fursman stated that applications would be due by June 21. He added that department heads have expressed interest in participating in the interviews. Mr. Fursman explained the process for the May 15 open forum. He added that the profile information will be disseminated on May 19 to the City Council for consideration and approval at the May 20 regular meeting. 2.C. Robert Street Corridor Transit Feasibility Study Sam O'Connell, Transit Specialist, with Dakota County was in attendance to provide a presentation on the feasibility study. Council Member Sterner questioned the demographics of the study. Ms. O'Connell responded that the study included the 2030 projections. Council Member Shoe- Corrigan questioned if research was done to see how other cities of similar size improved their transit systems. She found it hard to determine the number of users because the current transit is not convenient and underutilized. She thought the metro area was behind in mass transportation. Council Member DeBettignies stated it was time to act on transportation instead of spending money on developing plans. Mayor Droste stated that the studies need to be done to make the progress happen so a funding mechanism can be determined. Mayor Droste stated the need to support the proposed study. Discussion ensued regarding the transit locations and funding issues in the metro area. Interim City Administrator Lindquist spoke of the transit options with the UMore development. She questioned if the 1 ROSEMOUNT CITY COUNCIL REGULAR WORK SESSION PROCEEDINGS MAY 14, 2008 City Council wanted to preserve a corridor through the business park would they be willing to make that investment. Council Member Shoe Corrigan did not want to plan for a project without a commitment. Mayor Droste supported the transit plan using County Road 46. Ms. O'Connell stated that the transit options would depend upon the development of UMore. Ms. O'Connell will send the City Council additional research information compiled from other U.S. cities of similar size. The City Council thanked Ms. O'Connell for her presentation. 2.D. Transit Plan, ENG 0126 Interim City Administrator Lindquist stated that the process was started long before and was presented to the Ciry Council approximately two years ago. A public input process was started as part of the plan and a transit task force was established. She also explained how the transit plan tied in with the 2030 Comprehensive Guide Plan Update. Chuck Rickart with \VSB Associates, Inc. presented the draft Transit Plan to the Council. Council Members requested that the transit taxes associated with IvRTTA generated by the City be included in the plan. Mayor Droste wanted the plan introduction changed to include the transit history and monies spent in Rosemount. Ms. Lindquist stated the City will score higher in federal solicitations with the Downtown redevelopment project increasing the density. Mayor Droste wanted it to be known that the City was frustrated with the opt -out alternatives. He wants the City to aggressively take a stand in the system. Council Member DeBettignies stated that the plan could be shortened and to the point. Ms. Lindquist understood that the action plan could be better stated but indicated that some of the language was needed as part of the 2030 comp plan update. Conversation continued regarding the frustration with the transit options in Rosemount. Mr. Rickart stated that the issues are regional and that MVTA has not been providing the service. He understood that the City Council wanted stronger language included in the plan. Council Member Baxter stated looking at what MVTA has done for the City and looking out 20 years the City should look to the Robert Street Corridor for transit. Mayor Droste disagreed because most Rosemount residents work in Minneapolis. Ms. Lindquist suggested strengthening the transit ties to UMote. The City Council agreed that UMore would be the driving factor for transit in Rosemount. Council Member Shoe Corrigan wanted We UMore information documented within the 2030 comp plan. Mr. Rickart stated that NR TA recently requested three express services from Rosemount to St. Paul, Minneapolis and Mall of America. He added that he would provide the City Council with a revised transit plan including the hard data and other issues discussed. 1 ROSEMOUNT CITY COUNCIL REGULAR WORK SESSION PROCEEDINGS MAY 14, 2008 2.E. Dakota County 2009 -2013 Draft CIP City Engineer Brotzler explained cltc CIP modifications and requests as proposed in the staff report. He requested Gin Council input and direction on the contents of the proposed letter. Council Member Shoe Corrigan questioned the intersection of Shannon Parkway and McAndrews. Nit. Brotzler stated that the City submitted a cost estimate and layout for the project. He stated the County wanted to review the project to determine if they would fund the project. The City Council discussed the safety issues associated with the project in relation to other safety issues on County roads. Mr. Brotzler noted that Dakota County Transportation staff has offered to address the Council regarding County transportation issues. The Council indicated their desire to have Dakota County Transportation staff at a future regular Council meeting. The City Council wanted to add the CSAII 38 /McAndrews project to the CIP request. Mayor Droste wanted hard dam on the number of accidents and information provided on other safety issues to present to Dakota County Transportation staff. The City Council questioned the equity and justice in the maintenance cost share requirements. Mr. Brotzler pointed out that as part of the transportation plan the County plans to review their cost share requirements. Council Member Baxter would like a fair say in determining access if the City is paying 459sh of the cost. Mr. Brotzler summarized the items to discuss with the County engineers including CSAH 38 and Shannon Parkway, safety issues, funding, trails and communications. Council Member DeBcttignies wanted a County presentation on how they measure safety and access. 2.F. Fiber Quotes Finance Director May requested consideration of connecting City buildings to a fiber network that would increase the efficiency and effectiveness of Cir staff. He provided background on the quotes received from Dakota Count to connect the Community Center and Fire Station #2 to the County /State's fiber network. He stated that the National Guard wants the City to obtain an casement before fiber could be put in the ground at the Community Center. If the City Council \v25 considering moving forward he asked them to hold off on the Fire Station #2 quote based upon conversations ywth FTTH. He then provided more information about the fiber located at Fire Station #2. Council Member Shoe- Corrigan questioned the investment in the Community Center. Mr. May stated the Community Center has a great need to be connected to fiber. He talked about the frustrating issues in the current operations and how the fiber would benefit the employees. Mayor Droste did not support spending funds for Fire Station #2. Mr. May questioned the risk if the fire station would be used as an EOC. The current DSL would suffice for day to day operations but would not be able to serve as an EOC. The City Council supported installing fiber at the Community Center but wanted to delay installation at Fire Station #2. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR WORK SESSION PROCEEDINGS MAY 14, 2008 AFSCME Interun Cite Administrator Lindquist provided updated information about the union's stance on the newly created inspector position. Mayor Droste stated the broader the scope of the job description the better the job security'. Council Member Baxter stated he was not interested in negotiating the job description. Meeting Calendar Interim City Administrator Lindquist provided a calendar of events from May through August. ADDITIONAL UPDATES Council Member Sterner questioned if Departments could investigate ways to save gas costs in preparing for the 2009 budget. Mayor Droste received a request to have more high school baseball team leagues. Mayor Droste received a complaint from Carlson Tractor about the purchase of recent City equipment. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste adjourned the meeting at 10:32 p.m. Respectfully Submitted, Amy 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, Nlay 20, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were Interim City Administrator /Communing Development Director Lindquist, Assistant City Administrator Foster, Director of Parks and Recreation Schultz, Communications Coordinator Cox, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Ms. Lindquist stated the changes to the agenda included additional information for Consent Agenda item 6.e., the moving of Consent Agenda item 6.i. to New Business item 9.b., additional information for Old Business 8.a. and New Business 9.a. Motion by Droste. Second by Stemer. Motion to adopt the agenda with the five changes. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Presentation by Miss Teen Rosemount Mayor Droste presented Jenna O'Rourke's with a sash along with a certificate for her achievement. \liss O'Rourke provided information about her theme of "Spreading love, hope, faith and strength to those with cancer." 3.b. Presentation of flag for student visit to Germany Mayor Droste presented the Rosemount students with a flag and letter of greeting to present to his counterpart in Rotrveil. CONSENT AGENDA Council Member Sterner pulled item 6.c. for further discussion. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 20, 2008 Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda recognizing the pulling of item 6.c. a. Minutes of the May 6, 2008 Cuy Council Proceedings b. Bills Listing c. «i. D ..at P d.a Recreation D.pt. d. Expenditure Approval from the Donation Account Parks Recreation Dept. e. Receive Bids /Award Contract Well House #15, City Project #408 (Resolution 2008 -39) f. Approve Subdivision Agreement —Town Centre CP #419 g. Approve Xcel Energy Agreement Town Centre Project, CP #419 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. Motion by Shoe Corrigan. Second by Sterner. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 20, 2008 h. TNT Fireworks Interim Use Permit Temporary Fireworks Sales Lot, 08-10 IUP i. Ccntcs, II ..n.. Clm,dalou Nli.nx P1 td U..it D.. Jopma.t (PUD) Amc.,dmct,t, 08 15-AND 6.c. Receive Donation Parks Recreation Dept. Council member Sterner recognized Twin C's Catering donation of catering services for the 2007 Breakfast with Santa. Motion by Sterner. Second by Shoe Corrigan. Motion to approve receiving the following donation: In -kind donation from Twin C's Catering of $860 for catering services for the 2007 Breakfast with Santa. Ayes: Shoe Corrigan, DeBettignies, Droste, Sterner, Baxter Nays: None. Motion carried. OLD BUSINESS 8.a. DCTC Family Partnership Director of Parks and Recreation Schultz stated that updated information provided was a change in section 24 regarding the default language. He provided a summary of the staff report and more details about the license agreement. He added that the Parks Commission recotrunended supporting the partnership. Council Member DeBettignies questioned if the fields are 100% focused on soccer. b1r. Schultz stated the fields will be used for soccer and a was anticipated that special events may be held at the site. He added that DCTC was very interested in opening the campus to the community for various events. Council Member Shoe Corrigan questioned if additional tennis courts could be added to Erickson Park with the addition of the soccer fields at DCTC. Mr. Schultz stated that the Parks Commission did hold discussions on the future uses at Erickson Park. Staff will continue to look at options for possible future improvements at Erickson Park. Motion to adopt a resolution approving the License Agreement with Dakota County Technical College and to authorize the Mayor and City Clerk to execute the agreement. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. (Resolution 2(108 -40) 1 1 Randy Anderson, Vice President of Finance and Operations at DCTC, was pleased to partner with the Gin; of Rosemount. He added that it was a pleasure to work with Mr. Schultz on the project. NEW BUSINESS 9.a. City Administrator Executive Search Process Approval of Profile Assistant City Administrator Foster introduced Richard Fursman for an update on the executive search process for the City Administrator position. Richard Fursman, with the Brimeyer Group, provided background on the process for obtaining information about the proposed community profile. He stated that advertising for the position would start on May 21. He will be posting the position on various job bulletins including ICNL* and the League of MN Cities. In addition, over 200 profiles will be sent to individuals on a mailing list that may be interested in the position. Council Member Shoe Corrigan stated the City Council received an email from a resident submitting comment. Ms. Foster stated comments could be cmailed to either her or Mr. Fursman. A link will also be on the City website if people would like to submit comments on the process Mayor Droste noted that a reception would be held in July where residents could meet the candidates. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the draft Profile. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 20, 2008 9.b. Centex Homes Glendalough Minor Planned Unit Development (PUD) Amendment, 08- 15 -AMD Interim City Administrator Lindquist provided a summary of the staff report. She stated that the applicant would like to add additional elevations and wanted to briefly discuss those elevations while asking the Council to approve the current item. Steve Ach, with Centex Homes, has been working with Lennar regarding opportunities in the Glendalough neighborhood. He agreed that the housing elevations in the staff report meet the criteria and wanted to add more housing elevations. Mr. Ach provided additional elevations to the City Council that met the design standards. He also provided additional elevations for consideration. He explained how those elevations did not meet the design guidelines. Council Member Sterner questioned if all elevations had the front porch. Mr. Ach provided pictures of the elevations showing the different styles of porches. He wanted to provide a variety of elevations so homes would look different as you go down the street. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 20, 2008 Mayor Droste stated over two thirds of the project was built out and he was concerned about maintaining continuity in the development. He did not want the garages to be too predominant. Council Member Shoe Corrigan stated the homes should be compatible with the PUD for the neighborhood. She stated the garages were to be deemphasized and the houses should be close to the street. If garages were set back and the houses were moved fonvard that would be a different issue. Mr. Ach stated that the outer edges of the development could serve as a transition point to the next project. He stated it was important to have a variety of choices for the customers. Mayor Droste could potentially accept the elevations if limited to the development along the west side serving as a transition area. His biggest concern was the neighbors who already made investments in their property. Mr. Ach stated that a lot changed in the market over the years and customers look for the best situation. He would be willing to have a neighborhood meeting and go through the public hearing process. Council Member Shoe Corrigan stated that Lennar already received two minor amendments. She added that the City Council was flexible many times in the neighborhood. With only 75 lots remaining she wanted to preserve the intent of the PUD and would not vote for a major amendment. Mr. Ach pointed out that he did not work four months designing homes for the project. He stated the elevations were used in other cities. He was open to holding a public meeting but stated he would not proceed if the City Council gave him a flat no on the addition of the elevations. He was well aware of the processes Lennar went through in the past. Discussion continued about holding a neighborhood meeting and going through the Planning Commission process. The City Council directed Mr. Ach to hold the meeting and to obtain Planning Commission approval before they would consider the change in elevations. Motion by Shoe Corrigan. Second by DeBettignies. Motion to adopt a resolution approving a Minor Amendment to the Evermoor Planned Unit Development (PUD) Agreement to allow a new builder (Centex Homes) and two new home styles to the Glendalough neighborhood. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. (Resolution 2008 -41 Motion by Shoe- Corrigan. Second by DeBettignies. 1 1 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 20, 2008 Motion to authorize the mayor and city clerk to execute an amendment to the PUD agreement for Evermoor Glendalough. ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on June 3, 2008. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 850 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 3, 2008 CALL TO ORDER Pursuant to clue call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 3, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were Interim City Administrator /Community- Development Director Lindquist, Director of Parks and Recreation Schultz, Chief of Police Kalstabakken, Finance Director May, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Motion by Droste. Second by DcBettignies. Motion to adopt the agenda as stated before us. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Commendation of Girl Scout Gold Award winners Mayor Droste presented certificates of commendation to Alexandra Fletcher, Taylor Jobin, Samantha Massey and Lindsey Weisensel. 3.b. Presentation and Acceptance of 2007 Comprehensive Annual Financial Report (CAFR) Finance Director May introduced dim Murray from Virchow Krause Company. Mr. Murray reviewed the City of Rosetnount's 2007 CAFR. Motion by Sterner. Second by Shoe Corrigan. Motion to adopt a Resolution Accepting the 2007 Comprehensive Annual Financial Report. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: Motion carried. (Resolution 2008 41) CONSENT AGENDA Motion by Baxter Second by Shoe Corrigan. Motion to approve the Consent Agenda items a —h. a. Nlinutes of the May 6, 2008 City Council Special Work Session Proceedings b. Minutes of the May 14, 2008 City Council Work Session Proceedings c. Minutes of the May 20, 2008 City Council Proceedings d. Bills Listing e. Criminal Justice Data Communications Network Agreement Joint Powers Agreement 1 f. Award Hazardous Material Assessment Bid for Houses on Cameo Avenue (Resolution 2008 -42) g. Property Lease h. Receive Plans Specifications /Authorize Ad for Bid Harmony 5'" Street Utility Improvements, City Project #422 (Resolution 2008 -43) Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. NEW BUSINESS 9.a. First Reading: Text Amendment Outdoor Parking or Storage of Passenger Vehicles in Residential Districts City of Rosemount, 08 -17 -TA Interim City Administrator Lindquist provided a background sununary of the staff report. Ms. Lindquist suggested holding the second reading on July 1, 2008 to allow for more public input on the process. Council Member DeBettignies questioned the types of vehicles that were licensed. Ms. Lindquist read the definition of a vehicle from the Ordinance. Mayor Droste talked about the ordinance including the urban and residential districts and the difference between summer and winter parking hours. Chief of Police Kalstabakken provided more information on vehicles parked on the streets and the current restrictions for on- street parking. He added that the proposed ordinance relates to vehicles stored on properties. Mayor Droste opened the podium for public continent. Jim Eluner, 12514 Danbury Way, Rosemount, expressed concern about the property located at 12510 Danbury Avenue. He presented the City Council a petition to Remove All dunked Vehicles Trailers from Residence that contained 42 signatures. Mr. Ehmer requested that the number of vehicles parked outside be limited to four. Mike Jones, 12520 Danbury \'ay, Rosemount, stated that operable vehicles should including running in a safe manner. He stated he was a 29 year resident and expressed concerns about his neighborhood. He believed the homeowner was operating a business. Mr. Jones requested that the number of vehicles parked outside be limited to four. Discussion ensued regarding how to prove the resident was operating a business out of his home and vehicle insurance requirements. John Rutoski, 12509 Danbury Way, Rosemount, stated it was obvious the subject property was operating a business. He questioned where the homeowner was operating their business and stated that the property values will decrease with the increased outdoor storage. Sharon Mickelson, 12145 Danbury \Vay, Rosemount, stated she was a realtor and was concerned about the value of the homes located within the neighborhood. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 3, 2008 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 3, 2008 Loren Carlson, 12537 Danbury Way, Rosemount, stated the property looks like a business. He added his concerns about what was going in the groundwater from working on vehicles. Mr. Carlson requested that the number of vehicles parked outside be limited to four. Chris \'itek, 12505 Danbury Way, Rosemount, wanted the City Council to look out for the long term value of properties in Rosemount. He wanted the ordinance to establish criteria that was reasonable. Lynn Elsner, 12514 Danbury Way, Rosemount, stated she was a 27 year resident who took pride in her neighborhood. She requested that the number of vehicles parked outside be limited between four and eight. Les Kasten, 15101 Danbury Way, Rosemount, stated he was a car enthusiast. He provided information on the previous code complaints starting in 2004. He wanted to obtain a special use permit to continue storing vehicles on his property and asked to be grandfathered into the ordinance with a 10 car maximum. Mr. Kasten felt his rights were violated by City staff when photographs were taken of his property. He questioned storing vehicles on trailers and spoke of insurance issues. He also was concerned that he could not fix inoperable vehicles in his driveway. He provided information on a denied building permit to construct a shed. Ms. Lindquist explained that changeover in the Code Enforcement position. She added that Police Chief Kalstabakken found approximately 17 vehicles stored on the property today. She added that a special use permit was not an option because the ordinance does not have that provision. An ordinance amendment would be needed to allow a special use permit for vehicles. Based upon previous City Council discussions she stated it did not appear that an ordinance amendment would be approved. She added that neighbors did allow City staff to go on their property to take pictures of the subject property. Ms. Lindquist also provided more information on the home occupation regulations. Council Member Baxter found a business to be an unacceptable use for the property. He did find the limit of four vehicles to be fairly restrictive. Council Member Sterner wanted more information on why the permit to build a shed was denied. Ms. Lindquist stated she would provide more information on the denied permit at a future meeting. Council Member Shoe Corrigan requested information on what could be stored on trailers, codes for selling vehicles privately and limits on fixing inoperable vehicles. Mr. Kalstabakken explained that the vehicles being sold must be parked on a paved surface and only sold by the person residing the property. He also explained the lints for fixing inoperable vehicles. Council Member DeBettignies was disheartened to hear that none of the neighbors contacted Mr. Kasten prior to signing the petition. He could appreciate Mr. Kasten's hobby but would base his decision upon the testimony provided. Mayor Droste requested that state law regarding dealership licenses, input from surrounding cities on the issue and the definition of vehicles be discussed at the July 1" meeting. Mary Lancey, 12501 Danbury Avenue, Rosemount, spoke of how the oil and antifreeze were disposed of on site. She stated residents should be more concerned about the ATVs driving through the wetlands in the neighborhood. Motion by Shoe- Corrigan. Second by Mark. Motion to hold the Second Reading of an Ordinance Amending the City of Rosemount City Code Title 8, Chapter 2 Relating to the Outdoor Parking or Storage of Vehicles in Residential Districts on July 1, 2008. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 3, 2008 ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on June 17, 2008. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by DeBettignies. The motion was adjourned at 9:25p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS JUNE 3, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Tuesday, May 20, 2008, at 9:40 p.m. in the Conference Room at City Hall, 2875 145` Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. Staff members present included Interim City Administrator; Community Development Director Lindquist, City Engineer Breezier, Project Engineer Aderhold, Finance Director May, Senior Planner Zweber, Director of Parks and Recreation Schultz, Investigator Cho and City Clerk Domeier. DISCUSSION 2.A. 2008 Street Improvement Project Bid Discussion, City Project #418 City Engineer Brotzler summarized the infomtation provided in the staff report. He also provided a copy of the bid tabulation showing the bid pricing submitted by the three lowest bidders for the project. He considered the lowest bid an unbalanced bid. Mr. Brotzler shared his initial concerns of the unit prices and how the contractor would approach the City's contract specifications. City Attorney LeFevere addressed the concerns from the legal aspect in awarding the bid for the contract. He stated the prmy issue was the unit pricing that was included in the bid. He noted the bids are estimates and if the City guesses wrong on the cubic yards and it is less than the estimate, then the City doesn't get much of a break by having the cubic yard number reduced. Discussion continued regarding the material quantities. Mr. Brotzler explained how the project engineers make their material quantity assessments. He added that the contractor has agreed to put an addendum on the contract to stay with the bid and eliminate any gray area relating to specing out the materials. Mr. Breezier also explained the common excavation factors of the project. The City Council discussed rejecting all bids and requiring the contractors to build in the costs correctly instead of loading one item. A representative from McNamara explained the reasoning for how they billed items in their bid. The City Council requested that the language in the contract be modified and clarify the decision making authority. The item will be before the City Council on June 17 with a request to accept the bid with the contract modifications. 2.E. National Law Enforcement Officers Memorial Submission Police Investigator Cho provided Council Members with the history Officer McDermott and information on the National Memorial Submission. 2.B. Proposed Changes to the Harmony Development by Rottlund Homes Interim City Administrator Lindquist provided a brief update on the staff report. Senior Planner Zweber provided additional information submitted by Ehlers Associates. Discussion ensued regarding the Rottlund proposal from the original approved preliminary plat in relation to transportation, housing market, tax impacts and the current economy. 1 1 CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS JUNE 3, 2008 Mike Noonan with Rottlund clarified that the bank currently owns the property. He added that Rottlund would not be interested in purchasing the property if the townhome portion could not move forward. After discussion about the proposed changes to the development, a majority of the City Council recommended approval of the build out as presented by Rottlund. Council Member Baxter exited the meeting at 11:30 p.m. 2.C. Energy Efficient Facilities Program Director of Parks and Recreation Schultz provided a summary of the staff report. Discussion was held regarding the benefits of the program. The City Council authorized staff to move forward with Step 1 of the program. 2.D. Purchasing Policy Finance Director May provided a summary of the staff report. The City Council and staff discussed amending the policy to include preference to local businesses and building a check and balance system into the purchasing policy as part of internal controls. The item will be on the lune 17 City Council Agenda. UPDATE Special Election Interim City Administrator Lindquist spoke of the data received from the Secretary of State's office related to the April 22, 2008 special election. She requested what type of information the City Council was looking for and explained the data includes private information about the voters. The City Council indicated they were content with the information previously received. Misc. Mayor Droste provided a response to a citizen inquiry related to the replacement of flags in Rosemount. He also provided an update on MTVA happenings. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 12:16 a.m. Respectfully Submitted, Amy 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, tune 17, 2008, ar 7:30 p.rn. in the Council Chambers at City Hall, 2875 145t Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were Interim City Administrator /Community Development Director Lindquist, City Engineer Brotzler, Senior Planner Zweber, Assistant City Administrator Foster, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator Lindquist stated the addition of Consent Agenda item 6.m. Declaration of Surplus Property. Motion by Droste. Second by Sterner. Motion to adopt the agenda. Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 17, 2008 DEPARTMENTAL REPORTS /BUSINESS 3.a. Recognition of Destination ImagiNation at Red Pine Elementary School Mayor Droste presented certificates of commendation to Geordie Tangen, Carly Laliberte, Sam and Scott Haisstvngs, Abby Nelson, and Bernadette and Elizabeth Vitullo. 3.b. Commendation of Dakota United Adapted Softball state champions Mayor Droste presented certificates of commendation to Dan \Iauck, J homas Bowlin, Nick Habsich and Dana Beck. CONSENT AGENDA Council Member Sterner pulled item 6.g. Receive Bids /Award Contract -2008 Street Improvement Project, City Project #418 for further discussion. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda with the removal of item 6.g. and the addition of item 6.m. a. Minutes of the June 3, 2008 City Council Proceedings b. Minutes of the lune 3, 2008 City Council Special Work Session Proceedings c. Bills Listing d. 2008 3.290 Malt Liquor License Renewals e. Outdoor Warning Sirens Budget Adjustment f. Purchasing Policy ft 113 1 1 h. Authorize Payment of Crop Impact Compensation City Project #4I7 i. Authorize Pipeline Crossing Agreement Akron Avenue Trunk Utility Railroad Improvementss, City Project #417 j. Expenditure Approval from the Donation Account Parks Recreation Dept. k. Receive Donations Parks and Recreation Dept. I. Hiring of IT Coordinator m. Declaration of Surplus Property Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 17, 2008 6.g. Receive Bids /Award Contract -2008 Street Improvement Project, City Project #418 Council Member Sterner stated he would abstain from voting because the proposed project affected his neighborhood. Motion to Adopt a Resolution Receiving Bids and Awarding Contract for the 2008 Street Improvements Project, City Project #418. Ayes: Shoe Corrigan, Droste, Baxter, DeBettignies Nays: None. Abstain: Sterner. Motion carried. (Resolution 2008 -44) 8.a. Receive Plans Specifications /Authorize Ad for Bid Akron Avenue Trunk Utility Railroad Improvements, City Project #417 City Engineer Brotzler provided a brief presentation on the project status. Motion by DeBettignies. Second by Shoe Corrigan. Motion to Adopt a Resolution Receiving Plans and Specifications and Authorizing Advertisement for Bids For Akron Avenue Trunk Utility Railroad Improvements, City Project #417. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. ;Resolution 2008 -45) NEW BUSINESS 9.a. The Rottlund Company Major Amendment to PUD, Preliminary Plat, Rezoning and Final Plat of Harmony 5 Addition and Pickens Plat, Case 08- 12 -AMD; 08-13 PP; 08- 14 -ZA; 08 -19 -FP Senior Planner Zweber summarized the information provided in the staff report. Mr. Zweber recommended adding another condition to the resolution that would provide access to serve the future parcel that is owned by the former Brockway Glass Company. Council Member Shoe- Corrigan stated that she did not have any issues with the quality of work, product they build or integrity of Rottlund. She was concerned about the change to 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 17, 2008 the PUD Amendment because the original plan included life cycle housing. She stated that she would not support the elimination of the apartments or senior housing. While she could support phase three, she would not support the other two phases. Council Member Baxter stated that property owned by a bank would not be effectively developed or marketed. He was in support of Rottlund moving forward with the townhouse project. Council Member Sterner shared his concerns on the loss of units and TIF generation. He would not support removing the apartments and senior housing components out of the development. Mayor Droste spoke of the current apartments and senior housing located within Rosemount. He also provided more information on the transit components. He added that the amount of TIF generation was unknown. He thought the proposed project would be a plus to residents that already invested their money in the development. Council Member DeBettignies favored moving forward with the proposed project. He added that while the City would lose some prospective TIF dollars but that amount was unknown. Motion by Baxter. Second by DeBettignies. Motion to adopt a Resolution approving the Preliminary Plat and Final Plat for Harmony 5' Addition and Pickens Plat with the condition of providing a public road on private access easement from Brockway Avenue to the Brockway factory parcel in a form approved by the City Administrator Michael Noonan with Rottlund stated that the piece of property on the southern edge would not be acquired by Rotdund. \Is. Lindquist clarified that the condition should be listed within the major amendment and not as part of the plat approval. Motion by Baxter. Second by DeBettignies. Motion to adopt a Resolution approving the Preliminary Plat and Final Plat for Harmony 5 Addition and Pickens Plat. City Attorney LeFevere stated that the approval required a majority vote. Ayes: Baxter, DeBettignies, Droste Nays: Sterner, Shoe Corrigan. Motion carried. (Resolution 2008 -46) Motion by Baxter. Second by DeBettignies. Motion to adopt a Resolution approving the Major Amendment to the Planned Unit Development, Rezoning of the Pickens Plat, and Rezoning of Block 7 and Oudot D 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JUNE 17, 2008 of Harmony 5' Addition with the condition of providing a public road on private access easement from Brockway Avenue to the Owens Illinois, Inc. parcel in a form approved by the City Administrator. Ayes: Baxter, DeBettignies, Sterner Nays: Shoe Corrigan, Sterner. Motion carried. (Resolution 2008 -47) Motion by Baxter. Second by DeBettignies. Motion to adopt an Ordinance B -196, an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance for Harmony 5' Addition and Pickens Plat. Ayes: DeBettignies, Droste, Baxter Nays: Shoe Corrigan, Sterner. Motion carried. (Ordinance B -196) Motion by Baxter- Second by DeBettignies. Motion to execute a Major Amendment to the Harmony Planned Unit D Agreement. Ayes: Droste, Baxter, DeBettignies Nays: Shoe Corrigan, Sterner. Motion carried. ANNOUNCEMENTS Council Member Baxter provided more information about the Parade for the Pantry event during Leprechaun Days. Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on June 17, 2008. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 8:45p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JUNE 18, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Wednesday, June 18, 2008, at 6:32 p.m. in the Conference Room at City Hall, 2875 145` Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe- Corrigan and Sterner attending. Also in attendance were Planning Commissioners Howell, Palda, Messner, Schultz and Schwartz; Parks Commissioner Maureen Bartz; Utility Commissioner Mulhem and Port Authority Comtnissioner DiNella. City Staff present included Interim City Administrator Lundquist, Senior Planner Zweber, City Clerk Domeier, Director of Parks and Recreation Schultz and Assistant Cit Administrator Foster. Bret Weiss of \WSB was also in attendance. DISCUSSION 2.A. UMore Discussion Representatives from the University of Minnesota, Design Workshop, the DNR and Dakota County were in attendance. Chuck Muscoplat with the University provided a presentation that highlighted the history, progress and future plans for the UMore Park project. Joe Presinska provided information about the Vermillion Highlands Concept Master Planning which consisted of a research, recreation and wildlife management area. Port Authority Commissioner DiNella questioned if the UMore Park would be part of the City of Rosemount. Mr. Muscoplat responded it would be a community that was part of the City. He stated the community would be sustainable and include the best possible jobs with the market trends. Bret Weiss of WSB questioned time frame for developing and incorporating the changes in social and housing styles. Kurt Culbertson with Design Workshop talked about the planning and development of the four scenarios. He added that the basic concept plan would serve the interest requested by the Board of Regents. Mayor Droste questioned the timeline for moving forward and amendments to the 2030 comprehensive plan. Mr. Muscoplat provided timeline information on the EIS, AU AR, mining and commercial activity. Interim City Administrator Lindquist stated that the concept would change over time. She added that the University has stated it was interested in approaching developers to market feasibility during the studies. Mr. Muscoplat agreed and stated the intent to design a project that people would want to buy. Larry Lakka provided more information about how they would work with local and national developers. Mr. Muscoplat stated they would take all comments and present a final concept to the Board of Regents Later this year for approval. Mayor Droste thanked the University representatives for the presentation. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JUNE 18, 2008 2.B. 2030 Comprehensive Plan Senior Planner Zweber provided information about the draft Comprehensive Plan including the residential land use east of 42, commercial use categories, public comment received to date and die process on moving forward. A brief discussion regarding the land use and zoning districts followed the presentation. Mayor Droste thanked the Planning Commission and Parks Commission for their hard work on projecting 30 years out. He also thanked Mr. Zweber for the presentation. 2.C. Dakota County Engineers Mark lirebsbach and Brian Sorenson from Dakota County were in attendance. Mr. Sorenson provided a presentation on County Roads and Accessibility. Discussion was held regarding the following: 1) Accesses on County Road 42; 2) Access to the proposed Outdoor Recreation Complex site; 3) the Shannon Parkway /McAndrews intersection; and 4) off system funding. Mayor Droste spoke of the uniqueness Rosemount has with the refinery and the railroad tracks. Council Member Shoe- Corrigan asked that Dakota County take an equitable look at Rosemount in determining projects. Mr. Sorenson explained the connectivity, safety and access issues. He thdicated that Dakota County does not support sole accesses to parcels. Mr. Irebsbach provided more information on the cost issues and how investments were determined in Dakota County. Mr. Iirebssbach also provided information about the County Transit Board. Discussion was held regarding the quarter percent sales tax increase and the ridership levels in Rosemount. UPDATES Assistant City _Administrator Foster provided scheduling options for the City Administrator search. A special meeting was scheduled for July 9 at 6:00 p.m. to determine the top five candidates. Mayor Droste stated that the Star Tribune South would be running an article next week on the downtown redevelopment in Rosemount. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 10:52 p.m. Respectfully Submitted, Amy 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, July 1, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145( Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were Interim City Administrator /Community Development Director Lindquist, City Engineer Brotzler, City Clerk Domeier, Chief of Police Kalstabakken and City Attorney LeFevere. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator Lindquist stated the modification to 6.g. Dakota County 2009- 2013 Draft CIP, the addition of Consent Agenda item 6.j. Approve Quotes for Painting Fire Station #1 and the Public Works North Building and the revised ordinance for 8.a. Second Reading: Text Amendment Outdoor Parking or Storage of Passenger Vehicles in Residential Districts City of Rosemount, 08- 17 -TA. Motion by Droste. Second by Sterner. Motion to Adopt the Agenda the three changes. Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 PUBLIC COMMENT Marion Brown, 7754 142 Street West, Apple Valley, Minnesota, provided more information about the Soil and Water Conservation District Board. CONSENT AGENDA Council Member Shoe- Corrigan pulled item 6.j. Approve Quotes for Painting Fire Station #1 and the Public Works North Building for further discussion. Motion by Baxter. Second by Sterner. Motion to approve the Consent Agenda items a through i. a. Minutes of the June 17, 2008 City Council Proceedings b. Bills Listing c. Budget Amendments (Resolution 2008 -48) d. Temporary 3.2% Alalt Liquor License e. Temporary On -Sale Liquor License Rosemount VFW f. Temporary On -Sale Liquor License Rosemount American Legion g. Dakota County 2009 -2013 Draft CIP h. Rosemount Business Park Third Addition Preliminary Plat Extension, Case 07- 02-PP (Resolution 2008 -49) i. Joint Powers Agreement for Public Safety Related to 2008 Republican National Convention j. Appr„vc Q.otcs f r Painting Fire Station #1 and Public Word North Building 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 1, 2008, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Also in attendance were Interim City Administrator/ Community Development Director Lindquist, City Engineer Brotzler, City Clerk Domeier, Chief of Police Kalstabakken and City Attorney LeFevere. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator Lundquist stated the modification to 6.g. Dakota County 2009- 2013 Draft CIP, the addition of Consent Agenda item 6.j. Approve Quotes for Painting Fire Station #1 and the Public Works North Building and the revised ordinance for 8.a. Second Reading: Text Amendment Outdoor Parking or Storage of Passenger Vehicles in Residential Districts City of Rosemount, 08- 17 -TA. Motion by Droste. Second by Sterner. Motion to Adopt the Agenda the three changes. Ayes: 5 Nays: 0. Motion carried. Motion by Baxter. Second by Sterner. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 PUBLIC COMMENT Marion Brown, 7754 142 Street West, Apple Valley, Minnesota, provided more information about the Soil and Water Consen-ation District Board. CONSENT AGENDA Council Member Shoe- Corrigan pulled item 6.j. Approve Quotes for Painting Fire Station #1 and the Public Works North Building for further discussion. Motion to approve the Consent Agenda items a through i. a. Minutes of the June 17, 2008 City Council Proceedings b. Bills Listing c. Budget Amendments (Resolution 2008 -48) d. Temporary 3.2% Malt Liquor License e. Temporary On -Sale Liquor License Rosemount VFW f. Temporary On -Sale Liquor License Rosemount American Legion g. Dakota County 2009 -2013 Draft CIP h. Rosemount Business Park Third Addition Preliminary Plat Extension, Case 07- 02-PP (Resolution 2008 -49) i. Joint Powers Agreement for Public Safety Related to 2008 Republican National Convention j. Approve Qu tc3 f r Paitntin Fire Staff n #1 and Public W rk3 North Building 1 1 1 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.j. Approve Quotes for Painting Fire Station #1 and Public Works North Building Council Member Shoe- Corrigan requested more information about the painting of the facilities. City Engineer Brotzler stated that a separate contractor completed patching work and caulking to the exteriors of the building to prepare for the painting. He added that the contracted amount was for the exterior painting of the buildings. The paint will be the same in color at both buildings. Mr. Brotzler also explained why the projects were hid out separately. Motion by Shoe Corrigan. Second by Sterner. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 Motion to Approve Quotes for Painting Fire Station #1 and Public Works North Building. OLD BUSINESS 8.a. Second Reading: Text Amendment Outdoor Parking or Storage of Passenger Vehicles in Residential Districts City of Rosemount, 08 -17 -TA Interim Cinv Administrator summarized the information provided in the staff report. She noted that several issues were raised at the last meeting and were addressed in the staff report. She added that any comments from public were forwarded to the City Council during the time period between meetings. Ms. Lindquist explained that the text amendment did not address on street parking. Per Council Member Baxter's request, she also explained the restrictions currently in place for residential districts. Mayor Droste pointed out that it was consistent throughout the metro that vehicles must be licensed, operable and parked on an approved surface. Mayor Droste invited residents to submit comments. Shelly Seeberg, 13096 Charleston Way, Rosemount, submitted and read written comments to the City Council expressing opposition to the proposed ordinance. The written comments included discussion on the difference between rural residential and urban residential zoning districts. Jim Ehmer, 12514 Danbury Way, Rosemount, stated that his neighborhood submitted a petition at the last meeting. Mr. Ehmer provided similar complaints and believed the neighbor was operating a business out their home. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 Gene Stiles, 3515 147 Street West, Rosemount, spoke against the proposed ordinance. He provided history on dealing with similar storage issues at his property. Mr. Stiles stated that the eight vehicle limitation would affect many residents in Rosemount. Les Kasten, 12501 Danbury Way, Rosemount, stated he has made an effort to keep the vehicles covered on his property. He expressed frustration with previous staff members requiring that his vehicles be stored on a paved surface. Barb Jones, 12510 Danbury Way, Rosemount, stated the changes to the rural residential districts since she moved to Rosemount in 1979. Mary Lansey, 12501 Danbury Way, Rosemount, stated after the last meeting she spent time talking to the neighbors. She added that many were in agreement to allow Mr. Kasten a variance to build a shed on his property. She stated her opposition to the proposed ordinance. John Remkus, 13040 Akron Avenue, found the property on Danbury Avenue to be well kept. He thought passing the proposed ordinance would be bad public policy. Mike )ones, 12510 Danbury Way, Rosemount, stated that he did not expect a commercial business to be located in his neighborhood when he moved in 30 years ago. Council Member DeBettignies requested further clarification on the current ordinance related to hard surface requirements. Ms. Lindquist explained that the current ordinance did not have a hard surface requirement for parking vehicles in the rural residential district. Council Member DeBettignies was concerned about including a set number in the ordinance. He stated the limit of vehicles would affect more than just the 42 residents that signed the petition. Council Member Baxter stated the City has to deal with the growth issues. He did not find 17 cars stored on a yard to be an acceptable use. Mayor Droste echoed the growth concerns and stated the changes with the tremendous growth since 2000. Council Member Sterner requested further definition on storage and consideration if a set number in the ordinance was needed. Mayor Droste stated that with storage issues the City would need to be reasonable. Police Chief Kalstabakken stated that in general enforcement issues for the City Code violations the warnings are a result of a neighborhood complaint. He added that warnings are given out before a ticket is issued. Council Member Shoe Corrigan questioned the amount of paved surface that was allowed in the rural residential districts. Ms. Lindquist replied that there was not a hard surface maximum but the ordinance has setback requirements for the rural residential district. Council NIember Shoe- Corrigan stated that rural residential feel has changed over the years as Rosemount has grown. She did not want to proceed with a number in the ordinance but 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 would support have the number tied to the amount of hard surface. Council Member Shoe Corrigan suggested that staff find a compromise that would work and be reasonable for the rural residential and urban residential neighborhoods. Mayor Droste summarized that the consensus was to have a differentiation between the urban and rural residential districts. Ms Lindquist stated the surface requirements for the urban and residential districts. She cautioned that the variations for determining the rural residential based on hard surface would be greater. Motion by Baxter. Second by Droste. Motion to approve an Ordinance Amending the City of Rosemount City Code Title 8, Chapter 2 Relating to the Outdoor Parking or Storage of Vehicles in Residential Districts. Council Member Sterner preferred to discuss the item at a future work session. Ayes: Droste, Baxter Nays: Sterner, DeBettignies, Shoe Corrigan. Motion failed. Mayor Droste stated that the item would be addressed at a future work session. He added that notice would be given to all that provided public continent on the issue. NEW BUSINESS 9.a. Set Hearing for Liquor License Violation PCS Liquors LLC, dba Rosemount Liquor Mart Chief of Police Kalstabakken summarized the background information provided in the staff report. City Attorney LeFevere provided more information on proceeding with a hearing officer. He stated the benefits of having a neutral party representing the process. Motion by DeBettignies. Second by Shoe Corrigan. Motion authorizing staff to hire a hearing examiner to conduct a hearing for the alleged liquor violation committed by PCS Liquors, LLC, dba Rosemount Liquor Mart. Staff is directed to post the meeting in accordance with Minnesota statutes after the hearing date has been set in consultation with the examiner, PCS Liquors, LLC, and the city attorney and staff. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. 9.b. Set Hearing for Liquor License Violation Applebee's Restaurants North LLC, dba Applebee's Neighborhood Bar Grill Chief of Police Kalstabakken summarized the background information provided in the staff report. City Attorney LeFevere stated the primary issue was the change in ownership. He recommended starting with a hearing examiner but the examiner would not be used until the nature of the hearing was determined based on the stipulated facts. 1 1 1 Motion by DeBettignies. Second by Baxter. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 1, 2008 Motion directing staff to set a hearing date for the alleged liquor violation committed by Applebee's Restaurants North LLC, dba Applebee's Neighborhood Bar Grill with the City Council conducting the hearing. Staff is directed to post the meeting in accordance with Minnesota statutes after hearing date has been set in consultation with the City Council, Applebee's Restaurants North LLC, city attorney and staff. Council Member Shoe- Corrigan clarified that Mr. LeFevere recommended moving forward with the hearing examiner. Council Member DeBettignies withdrew the motion. Council Member Baxter agreed with the action. Motion by DeBettignies. Second by Baxter. Motion authorizing staff to hire a hearing examiner to conduct a hearing for the alleged liquor violation committed by Applebee's Restaurants North, LLC, dba Applebee's Neighborhood Bar Grill. Staff is directed to post the meeting in accordance with Minnesota statutes after hearing date has been set in consultation with the City Council, Applebee's Restaurants North LLC, city attorney and staff. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on July 15, 2008. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The meeting was adjourned at 9:30 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS JULY 9, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was duly held on Wednesday, July 9, 2008, at 6:05p.m. in the Conference Room at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, Shoe Corrigan and Sterner attending. Council member DeBettignies arrived later. City Staff present included Assistant City Administrator Foster and Recording Secretary Hanson. Also present was Richard Fursman of the Brimeyer Group. NEW BUSINESS 2.a. City Administrator Executive Search Richard Fursman made a presentation on the process taken to narrow the field of applicants from the 38 applications received to the 10 applicant profiles presented to the Council this evening. Mr. Fursman interviewed 19 applicants in person or by phone and narrowed it down to ten semi finalists that most closely matched what the City was looking for. He stated the Council now needed to select the top five finalists. Mr. Fursman reviewed the different topics discussed with each applicant, including their interest in Rosemount, their current salary, and whether or not they would be moving from another state. He showed a slide presentation that explained the point system used to score each applicant and also compared applicant scores. The point system took into account the following areas working with elected officials; growing community experience; budget policy /strategic experience; personnel development and leadership, and decision making. Results were charted by educational degree, number of service years with a city, whether they had served in an executive position or not, and how much time they had served in a fast growing community. Mr. Fursman reviewed the Interview /Selection Schedule for Friday and Saturday, July 18 and 19. A copy of the schedule is attached. On Tuesday, July 22, the Council will convene to select the final candidate and authorize Mr. Fursman to negotiate with that individual. The Council members all listed their top five choices and discussion took place to narrow down the ten candidates. The Council agreed on naming the following individuals as the top five finalists: James Hurm, Manager of the City of Austin Dwight Johnson, former manager of the City of Plymouth Kim Lindquist, the Rosemount Community Development Director and Acting City Administrator Michael Monson, Manager of the City of St. Anthony Jim Norman, former manager of the City of Ramsey ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting. The motion was adjourned at 7:01p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary Thursday July 17: City of Rosemount City Administrator FINAL Interview /Selection Schedule July 18 19, 2008 Out of town candidates arrive and check in. Friday, July 18 9:00 Consultants meet with Candidates /Spouses (City Hall) 9:10 Candidates /Spouses City Tour (tour given by Dan Schultz Andy Brotzler) 10:30 Meet with Department Heads Staff (Council Chambers) 11:30 Lunch: Candidates /Spouses, Council Department Heads (Rudy's) Council meets individually with candidates at the following times: 4:30 Public Open House at City Hall (Council Chambers) 5:30 Reception at home of Paula Barnes and Mike Baxter Council Candidates Saturday, July 19 7:45 Department Heads meets with consultant (City Hall Conference Rooms) 8:00 Department Head Interviews begin (City Hall Conference Rooms) 8:15 Council meets with consultant (Council Chambers) 8:45 Full Council Interview (Council Chambers) O 8:00 Department Heads 8:45 Council James Hurm O 8:45 Department Heads 9:30 Council Dwight Johnson O 9:30 Department Heads 10:15 Council Kimberly Lindquist O 10:15 Department Heads Michael Momson O 11:00 Council /Staff Break O 11:15 Council Michael Momson O 11:15 Department Heads James Norman O 12:00 Council James Norman 12:15 Department Heads meet with consultant (City Hall Conference Rooms) Monday, July 21 Council member interviews candidates (via phone or in- person/Mayor's Office) Tuesday, July 22 Council convenes to select candidate. Authorize consultant to negotiate. East Conference Room West Conference Room Mayor's Office Council Chambers 1:00 James Hurm Dwight Johnson Kimberly Lindquist Michael Momson 1:40 James Norman James Hurm Dwight Johnson Kimberly Lindquist 2:20 Michael Momson James Norman James Hurm Dwight Johnson 3:00 Break 3:10 Kimberly Lindquist Michael Momson James Norman James Hurm 3:50 Dwight Johnson Kimberly Lindquist Michael Momson James Norman Thursday July 17: City of Rosemount City Administrator FINAL Interview /Selection Schedule July 18 19, 2008 Out of town candidates arrive and check in. Friday, July 18 9:00 Consultants meet with Candidates /Spouses (City Hall) 9:10 Candidates /Spouses City Tour (tour given by Dan Schultz Andy Brotzler) 10:30 Meet with Department Heads Staff (Council Chambers) 11:30 Lunch: Candidates /Spouses, Council Department Heads (Rudy's) Council meets individually with candidates at the following times: 4:30 Public Open House at City Hall (Council Chambers) 5:30 Reception at home of Paula Barnes and Mike Baxter Council Candidates Saturday, July 19 7:45 Department Heads meets with consultant (City Hall Conference Rooms) 8:00 Department Head Interviews begin (City Hall Conference Rooms) 8:15 Council meets with consultant (Council Chambers) 8:45 Full Council Interview (Council Chambers) O 8:00 Department Heads 8:45 Council James Hurm O 8:45 Department Heads 9:30 Council Dwight Johnson O 9:30 Department Heads 10:15 Council Kimberly Lindquist O 10:15 Department Heads Michael Momson O 11:00 Council /Staff Break O 11:15 Council Michael Momson O 11:15 Department Heads James Norman O 12:00 Council James Norman 12:15 Department Heads meet with consultant (City Hall Conference Rooms) Monday, July 21 Council member interviews candidates (via phone or in- person/Mayor's Office) Tuesday, July 22 Council convenes to select candidate. Authorize consultant to negotiate. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 9, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on Wednesday, July 9, 2008, at 7:15p.m. in the Conference Room at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner attending. City Staff present included Interim City Administrator Lindquist, Assistant City Administrator Foster, Director of Parks and Recreation Schultz, Finance Director May, Chief of Police Kalstabakken, Operations Superintendent Cook, City Engineer Brotzler and Recording Secretary Hanson. DISCUSSION 2.A. Preliminary Budget Discussion Interim City Administrator Lindquist reviewed the staff report and passed out revenue and expense reports for the end of June. The first item of discussion was the legislative levy limit. Ms. Lindquist reviewed the main items affecting the budget including tax capacity, city revenues, and city expenditures. Mayor Droste stated he feels it sends the wrong message to the legislature if we levy for the MVHC amount in the event it may get cut as if the City would be telling the legislature to going ahead and cut the credit because we're already levying for it. Finance Directot May however stated that the levy needs to be set by the middle of December and the legislature will not decide on the funding until January. He further stated it is good idea to prepare in advance in the event of a shortage. Mayor Droste asked Ms. Lindquist to find out whether or not other cities are levying for their M VHC. Discussion took place on the Levy Limit Computational Worksheet. Based on current and anticipated construction levels, it was determined that 2010 will be a tough year budget -wise. A discussion took place on what areas the City could be more efficient in and possibly which projects could be reduced in order to complete other projects. Council member Shoe Corrigan suggested budgeting for partial project rather than complete project, such as the renovation of the St Joseph Church by doing enough renovation this year in order to use the building. Parks and Recreation Director Schultz gave an update on what is currently needed to improve the church now that construction of the new school facility is underway. He also mentioned that utilities at the church and school will need to be taken care of for approximately the last four to five months of 2009. The question came up as to whether or not there should be a referendum for the church improvements. Council member Baxter stated that he doesn't feel there is much support for the athletic complex but there would be for the improvements to the church. He feels there should be a referendum for the public to vote for it or against it. He stated it is important to start taking care of our seniors similar to other communities. He further stated he would like to see either the levy increase at zero or the tax rate increase at zero. ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 9, 2008 In response, Ms Lindquist stated that it would be difficult to get the levy to zero but the tax increase is practically at zero; being recommended at 0.39. Finance Director May added that the City is better off this year because of budget precautions last year. He stated we may want to do that again now in preparation for the next three years. The next budget discussion will take place July 22, 2008, including discussing department budgets of public works, parks and engineering. 2.B. Akron Avenue Exception Parcel Purchases City Engineer Brotzler reviewed the staff report regarding the three exception parcels along Akron Avenue and the intentions or requests of the property owners. It was discussed whether or not Manley Development or Arcon Development would purchase the parcels, or if the City would have to. Mr. Brotzler replied that Manley has expressed interest but timing is an issue. If the City would purchase the lots, the money would most likely come from an internal loan from the utility core funds. Mayor Droste stated his opinion that it should be the County's obligation to purchase the lots since it's a county road. Mr. Brotzler responded that the City agreed to buy the right of way easements in the joint powers agreement with the County. It was agreed that the easements should be acquired at a minimum. For properties that a negotiated purchase amount can be reached, Council will consider the purchase of the full properties. Staff should continue to move forward with a purchase agreement for the VanHorn property. In addition, Staff should try to reach an agreement with NIT. Adelman. Due to project timing, Council indicated that eminent domain may need to be used and the city will continue to negotiate with the property owners. 2.C. Draft Purchasing Policy Assistant City Administrator Foster reviewed the staff report and questions on revisions of the purchasing policy. Staff would obtain bids and quotes first and then bring them to the Council for approval before actually purchasing depending upon the final cost. With respect to Item 3.b. of the purchasing policy, Council member Shoe Corrigan asked if there is some kind report that can be generated for an internal control check basis. Finance Director May stated that the City Administrator receives a report every month that shows the respective line items. A discussion took place on whether or not to only purchase from businesses within the City or have it depend on cost efficiency. Council member DeBettignies stated that local businesses should be used as much as possible. It was decided to add the language "when sealed bidding is not used, and it is cost efficient and practical, local businesses should be used Ms. Foster asked if the council preferred to give approval annually on each installment payment in the event of an ongoing service contract. It was agreed that the Council would approve the original contract amount only, not each installment payment. 1 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 9, 2008 UPDATES A. SKB EAW. Interim City Administrator Lindquist mentioned that SKB Environmental is bringing an expansion item to the Planning Commission on July 22. She asked the Council if they would like to have an environmental assessment completed on the site. It was agreed that an EAW would be requested. B. Senior Listening Sessions. Parks and Recreation Director Schultz stated that Gloria Gritz, the facilitator of the senior listening sessions, has requested that city officials do not attend the sessions so people can fed they are able to speak freely. City staff present at the sessions will be Assistant City Administrator Foster and Parks and Recreation Intern Mike Oxbotough will take minutes. There will be a series of meetings from July to August to gather feedback from different senior groups. Council member Shoe Corrigan stated she would attend the Wachter Lake session. C. ULI Membership. Mayor Droste mentioned that the City has a ULI membership and has applied for housing study to be completed on the City. He further stated that Rosemount was the only city in Dakota County to apply. D. Gears Committee. It was decided that Mayor Droste would be the city representative to speak on the City's behalf and vote for the Dakota County committee member E. MVTA. Mayor Droste mentioned working with the MVTA on possible transit sites for Rosemount. He stated they are working with the AMF Bowling Alley for a possible site. F. Food Shelf. Council member Baxter showed posters advertising food gathering during the Leprechaun Days parade for the local food shelves. He stated that food shelf use is up and donations ate down. E. Sesquetennial Plaque. Mayor Droste mentioned that he sent out letters to seven past mayors to invite them to the plaque dedication and events afterwards. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting. The motion was adjourned at 10:00 p.m. Respectfully Submitted, Kathie Hanson, Recording Secretary 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 15, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was held on Tuesday, July 15, 2008 beginning at 7:30 p.m. at City Hall, 2875 145` Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Sterner and Baxter in attendance. Council Member Shoe Corrigan was absent. Staff members present included Interim City Administrator Lindquist, Senior Planner Zweber, Director of Parks and Recreation Schultz, City Clerk Domeier, City Engineer Brotzler, Assistant City Administrator Foster, Chief of Police Kalstabakken, Police Officer Waage, IT Coordinator Solberg and Communications Coordinator Cox. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator stated the additional information for 6.1. Receive Bids /Award Contract Harmony 5` Addition /Pickens Plat Street Utility Improvements, City Projects #422 and #423 and the add -on of 6.r. Livable Communities Demonstration Account Application. Motion by Droste. Second by DeBettignies. Motion to adopt the agenda with additional information for item G.I. and the addition of item 6.r. Ayes: 4 Nays: 0. Absent: Shoe- Corrigan. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Police Officer Oath of Office Mayor Droste administered the Police Officer Oath of Office to Jason Waage. 3.b. Special Event Update Leprechaun Days Maureen Geraghty Bouchard provided an update on the activities planned for the annual Leprechaun Days celebration. 3.c. Introduction of Jayson Solberg, IT Coordinator Interim City Administrator Lindquist introduced Jayson Solberg, the new IT Coordinator, to the City Council. CONSENT AGENDA Motion by Baxter. Second by DeBettignies. Motion to adopt the Consent Agenda. a. Minutes of the June 18, 2008 City Council Work Session Proceedings b. Minutes of the July 1, 2008 City Council Meeting Proceedings c. Bills Listing d. Purchasing Policy ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 15, 2008 e. Authorization for Temporary Street Closings and Adding of Events to Service Agreement f. Receive Donation Fire Department g. Receive Donation Police Equipment Fund h. Expenditure Approval from the Donation Account Fire Department i. Expenditure Approval from the Donation Account Parks Recreation Dept j. Consider Quotes for Paving Schwarz Pond Park Parking Lot k. Approve Joint Powers Agreement CSAH 38 /Shannon Parkway Turn Lane Improvements, City Project #424 L Receive Bids /Award Contract Harmony 5 Addition /Pickens Plat Street Utility- Improvements, City Project #422 #423 (Resolution 2008 -50) m. Receive Feasibility Report /Authorize Plans and Specifications Prestwick Place 2n Addition and Utility Improvements, City Project #409 (Resolution 2008 -51) n. Approve Xcel Energy Outdoor Lighting Agreement, Stonebridge, City Project #419 o. Award Hazardous Material Abatement Bid for Houses on Cameo Avenue (Resolution 2008 -52) p. Harmony 5 Addition and Pickens Plat Subdivision Agreements (08- 19 -FP) q. Skylink Antenna Lease Agreement r. Livable Communities Demonstration Account Application (Resolution 2008 -53) Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent Shoe Corrigan. Motion carried. NEW BUSINESS 9.a. St. Joseph's School Conditional Use Permit (08 -21 -CUP) Senior Planner Zweber summarized the information provided in the staff report St. Joseph's requested a conditional use permit to construct a 40,000 square foot school. Brief discussion was held regarding the parking requirements and the location of fire hydrants. Mr. Zweber explained the design for the parking and when additional parking would be required. He added that the the hydrant configuration was reviewed and approved by the fire marshal. Steve Erickson with BRB Architects was in attendance to answer any questions. Motion by DeBettignies. Second by Sterner. Motion to approve the Conditional Use Permit for the construction of St. Joseph's School. Ayes: Droste, Sterner, Baxter, DeBettignies. Nays: None. Absent: Shoe- Corrigan. Motion carried. (Resolution 2008 -54) ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on Monday, August 4, 2008. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS JULY 15, 2008 ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved to adjourn the meeting with a second by Sterner. The meeting was adjourned at 8:10 p.m Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 15, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was held on Tuesday, July 15, 2008 at 8:25 p.m. in City Hall at 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies and Sterner in attendance. Council Member Shoe Corrigan was absent. Staff members present included Interim City Administrator Lindquist, Director of Parks and Recreation Schultz, Assistant City Administrator Foster and City Clerk Domeier. DISCUSSION 2.A. St. Joseph's Complex Director of Parks and Recreation Schultz requested direction on the potential courses of action that were outlined within the staff report. Acting City Administrator Lindquist stated the deadline to have a question on the General Election ballot was September 12. She provided more information regarding an end -use for the complex like working with a senior housing developer with the CDA for senior housing. City Council and staff discussion was held regarding the church, school, parking, modifications to the complex, senior housing and a possible referendum. The City Council direction was for staff to obtain preliminary numbers on making the gym usable, allowing access to the kitchen, installing handicap bathrooms and accessibility to the school's first floor. Staff should also update the renovation cost estimates for the church taking into consideration the use of the Gathering Space. Further discussion will be held in August. UPDATES Interim City Administrator Lindquist provided more information about voting for the GEARS representative. ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Droste, second by DeBettignies, the meeting was adjourned at 9:00 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS JULY 22, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was held on Tuesday, duly 22, 2008 beginning at 6:04 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 in attendance. Also in attendance were Assistant City Administrator Foster, City Clerk Domeier and Communications Coordinator Cox. NEW BUSINESS 2.a. City Administrator Executive Search Richard Fursman of the Brimeyer Group and the City Council held discussion regarding the top candidates for the City Administrator position. The City Council ranked the five candidates by use of a paper ballot. Mr. Fursman tallied the votes and stated that Dwight Johnson was the top choice of the City Council and Michael Momson was the second choice. Mr. Fursman stated that the department heads and staff members listed Michael Momson as their top candidate and Dwight Johnson as their second choice. Motion by Sterner. Second by Droste. Motion to approve Dwight Johnson as the number one candidate and Michael as out number two. Considerable discussion was held regarding the direction moving forward and weighing in on the qualifications of the top two finalists. Council Member Baxter indicated he would not support the motion based upon the applicant's initial choice to not share his DiSC physiological testing with the City Council. The other Council Members felt that Mr. Johnson sufficiently explained this decision to them during the interviews and felt that Mr. Johnson was their number one person. Ayes: Sterner, Droste, Shoe Corrigan, DeBettignies Nays: Baxter. Motion carried. The City Council authorized Mr. Fursman to begin the negotiations with Mr. Johnson. Mayor Droste would be the main contact moving forward with the negotiations. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste second by Sterner the meeting was adjourned at 6:55 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 22, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was held on Tuesday, July 22, 2008 beginning at 7:04 p.m. in the Conference Room at City Hall, 2875 145t Street \Vest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner in attendance. Staff members present included Interim City Administrator Lindquist, City Engineer Brotzler, Director of Parks and Recreation Schultz, Finance Director May, City Clerk Domeier and Assistant City Administrator Foster. DISCUSSION 2.A. Budget Discussion: Public Works, Parks and Recreation Public Works City Engineer Brotzler provided an overview of the Public Works 2009 Operating Budget and CIP. Discussion was held regarding the projected 35% increase in the cost of natural gas. Staff recommended adding another $40,000 to the Community Center and general government buildings budgets to reflect the rise in natural gas prices. Council Member Shoe Corrigan stated she favored a $200,000 reduction in the budget for Pavement Management based upon information provided. She added that while some projects may be pushed back the projects would still be maintained in a timely matter. City Council and staff discussed the general goals and objectives of the department. Discussion took place regarding the maintenance of parks and the mowing schedule. Mr. Brotzler explained scheduling is based upon park usage and added that the amount of time and actual cost for maintenance is part of the annual quality standards report Parks and Recreation Director of Parks and Recreation Schultz provided information about the different segments of the department as outlined in the staff report. Council Member Baxter questioned the amount in the budget for the seniors. Mr. Schultz explained that the $45,000 included in the budget was for work on special projects and programming facilities. He added that in August staff would provide an update on the senior listening sessions. Roger Rebling, a member of the Rosemount Seniors, stated their number one request is to have a facility. Discussion was held regarding the potential re -use of the St Joseph school. Council Member Baxter requested that staff would work on finding a facility and helping the seniors meet their needs. UPDATES Land Swap with School District Interim City Administrator Lindquist provided an update on the meeting she had with Dan Schultz and the school district. At that meeting discussion was held regarding the adding ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 22, 2008 more tennis courts at Charlie's Park in exchange for the former blue house property. The portion of Charlie's Park would become City owned property /courts. Mr. Schultz stated that the school intends to keep the area where the home was located as open space. He added that he would bring the idea forward to the Parks Commission. The City Council wanted the area to remain a gateway to the downtown and preferred that there would be an understanding that nothing could be built at the location. Vehicles Outdoor Storage Interim City Administrator Lindquist commented on the recent letters received about the vehicle ordinance. The City Council held discussion on creating different standards for urban and rural areas The suggested action moving forward was to allow for six vehicles in the urban residential and ten vehicles in the rural residential areas. GEARS Mayor Droste stated that Ruth Grundahl was elected to serve as the Dakota County representative on the GEARS committee. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The motion was adjourned at 8:50 p m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 30, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was called to order at 6:37 p.m. on July 30, in the Conference Room at 2875 145" Street \Vest. Mayor Droste called the meeting to order with Council Members Baxter, Sterner and Shoe Corrigan in attendance. Council Member DeBettignies arrived shortly thereafter. Staff members present included Interim Cite Administrator Lindquist, Chief of Police Kalstabakken, Finance Director May, City Clerk Domeier, City Engineer Brotzler, Fire Chief Aker and Assistant City Administrator Foster. DISCUSSION 2.A. Preliminary Budget Discussion Interim City Administrator Lindquist recapped the changes to the budget itemized in the staff report. Council Member Shoe- Corrigan questioned where the reduction in the pavement management would appear in the budget. Finance Director May stated that the City Council will need to provide direction on where the funds will he allocated. Discussion was held regarding the SKB Trust Fund donations and the affect on future budgets. Ms. Lindquist stated the City Council further discussions about the proposed SKB expansion and the trust fund will be scheduled. Police Chief of Police Kalstabakken summarized the 2009 police budget and provided more information about the projects happening in the Police Department. Mr. Kalstabakken provided more information on how a projected retirement would affect the budget. He explained that the officer promoted would move into a lesser rate and the new officer would be hired at a lower rate. Finance Director May added that the timing of the new officer and promotion of an officer would be factored into the retirement payout. Mr. May also pointed out the variables with the cashing in of sick time per union and personnel policies. Council Member Sterner questioned what the department was doing to become more fuel efficient. Mr. Kalstabakken explained the idling process and other steps the department was taking. Discussion was also held regarding the amount of time liaison ofticers were spending at the local school Fire Fire Chief Aker stated there was a $30,000 reduction in the operating budget due to the removal of the tire marshal position and associated costs with the position. He talked about the increases in medical equipment, contribution for the relief association and the anticipated radio user fees with the DCC. Council Member Baxter stated concerns about the DCC related to the recent storms where the system was overloaded with calls. Nir. Aker provided an update on a recent meeting held with local officials about the DCC issues during the recent storm. He explained how the tlow of calls are handled and dispatched. He provided more information on the plans to change the pnority on the calls and a possible online response system. Chief of Police 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 30, 2008 Kalstabakkcn added that the DCC was overwhelmed with capacity issues during the storm. He added that the DCC made steps to improve the dispatching issues. Fire Chief Aker requested approval to purchase two vehicles as listed in the CIP. After discussion about the use of the vehicles, required safety modules and the low nulcage on the current vehicles, the City Council requested that staff look at the maintenance costs to maintain the vehicles. Community Development Interim City Administrator /Cotnnwnity Development Director Lindquist summarized the information provided in the department budget memo. She noted the cost increase in forms and printing. She requested that more extensive training to be allowed for the Code Enforcement Officer training. The Council Members agreed that the Code Enforcement Officer should attend all the necessary training including out -of -state training if necessary. Ms. Lindquist provided more information about the department's 2009 work plan including special projects, inspections and tire marshal duties. Finance Finance Director May strongly believed that the staff level within the department should not change. He requested that the current part -time position be changed to full -time based upon the amount of time spent in the department on reporting, data entry and special assessments. Considerable discussion was held regarding the pros and cons of purchasing a software system to track special assessments. The City Council requested that Mr. May check into what other cities are doing to track special assessments along with the manual hours needed and provide more information at the next work session. Administration Assistant City Administrator Foster stated there was a decrease to the administration budget by $10,500 due to shifting all the safety consultant costs to the insurance budget. She added there was another decrease in the administration budget by $2,000 from the Cable Commission dues. Discussion was held regarding the City Council salaries and the options of moving to a COLA increase. Further discussion was also held regarding the cell phone policy for department heads and the mayor. 2.B. Transit Plan Chuck Rickert with WSB Associates was in attendance to summarize the recent changes to the draft Transit Plan. The primary transit challenges for the City include MVTA Service Equity, Transit Service Needs and Transit Funding. Discussion was held about the placement of the new park and ride location. Staff would check with Cub Foods about using their parking lot as a park and ride location. If it would not work to use the Cub Foods parking lot, staff would investigate using the Community Center parking lot. Further discussion was held regarding the MVTA service equity. City 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 30, 2008 Engineer Brotzler clarified the Council's position that if fairness and equity were not being met the City may consider opting out of continued service with the MA'TA. Pending City Council approval on August 4, the Transit Plan would be distributed to the MVTA, County Commissioners, Met Council and neighboring communities for review. The Plan would also be included in the City's 2030 Comprehensive Guide Plan to be distributed later this month. UPDATES Parade for Pantry Council Member Baxter stated that 1,234 pounds of food were collected at the parade. He thanked the other Council Members for their support and help with the project. Special Assessment Payment Interim Ciry Administrator Lindquist provided information about a special assessment on a property since 1988. The City and County records did not indicate that the assessment had been paid. .After providing more background on the issue, the City Council agreed they could recognize the principal payment as full payment for the assessment due. The item would be on the August 4, 2008 meeting agenda. Public Art Feature Interior City Administrator Lindquist talked about the public art feature at the library. She suggested putting together a group of decision makers that would decide on a piece that would tit We location. A list of artists could be compiled that would find a feature for the location. City Administrator Interun City Administrator Lindquist stated that Dwight Johnson would like to meet with Council Members the week of August 18. Council Members were directed to email City Clerk Domeier their availability for the week. Tires Plus City Engineer Brotzler updated the City Council on the Dakota County Plat Commission meeting regarding the proposed Tires Plus construction. He provided information about the access issues. He would have further contact with County Engineer Krebsbach regarding the access issues. Republican National Convention Chief of Police Kalstahakken stated that the League of Minnesota Cities was offering additional insurance to protect the officers working during the convention. He stated the insurance would be charged on a per officer basis. He noted that the officers are covered under the current policy, additional M.A..A.G. coverage and the committee also had a policy on providing additional coverage. Based upon the amount of current coverage, the City Council opted not to expend additional funds on the LMC coverage. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS JULY 30, 2008 2008 Street Improvement Project City Engineer Brotzlcr reported that the project was going well. He indicated that the sidewalk boulevard for the project was changing from eight feet to six feet based upon the conditions at the site. He added that the existing private utilities were not buried deep enough and the contractor was at a stand still until the issues could be remedied with the utility companies. He stated a mass mailing would be sent to the affected residents if the delay was longer than anticipated. Family Resource Center Park Discussion was held about upgrading the park with landscaping, trees and additional benches. National Night Out Chief of Police Kalstabakken provided more information about the upcoming event. Additional discussion was held regarding the concerns about having a crosswalk by Evermoor Parkway for the children that attend Shannon Park Elementary. Mr. Kalstabakken will gather more raw data on the speed, generated trips out of the Evermoor development and traffic counts. 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 11:06 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS AUGUST 4, 2008 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, August 4, 2008 at 7:30 p.m. in the Council Chambers of City Hall, 2875 145 Street \West Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner in attendance. Staff members present included City Engineer Brotzler, Interim City Administrator Lindquist, Assistant City Administrator Foster, Chief of Police Kalstabakken, City Attorney Tietjen and City Clerk Domeier. The meeting opened with the Pledge of Allegiance. ADDITIONS OR CORRECTIONS TO AGENDA Interim City Administrator Lindquist stated the changes included the removal of item 6.n. Receive Bids/Award Contract Akron Avenue Trunk Utility Railroad Improvements, City Project #4l7and the additional information for item 6.w Authorize Eminent Domain County Road 73 Improvements, City Project #399. Motion by Droste. Second by Baxter. Motion to adopt the Agenda with item 6.n. being pulled and additional information for 6.w. Ayes: 5 Nay: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Update Leprechaun Days 2008 Maureen Geraghty Bouchard from the Leprechaun Days Convnittee provided a recap of the 2008 Leprechaun Days Celebration. CONSENT AGENDA Council Member Sterner pulled item 6.t. Change Order #1 2008 Street Improvement Project, City Project #418 for discussion. Mayor Droste pulled items G.i. Appointment of Election Judges for 2008 Primary and General Elections and 6.x. Approve Transit Plan for discussion. Motion by DeBettignies. Second by Baxter. Motion to adopt the Consent Agenda with removal of item n. as we talked about and the additional information for item 2.w. and pulling of i. t. and x. a. Minutes of the July 9, 2008 City Council Special Meeting Proceedings b. Minutes of the July 9, 2008 City Council Special Work Session Proceedings c. Minutes of the July 15, 2008 City Council Meeting Proceedings d. Minutes of the _July 15, 2008 City Council Special \Fork Session Proceedings e. 'Minutes of the July 22, 2008 City Council Special hleeting Proceedings f. Minutes of the July 22, 2008 City Council Special Work Session Proceedings g. Bills Listing 1 1 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS AUGUST 4, 2008 h. D.A.R.E. and School Liaison Services Agreement i. A ,f Elcctio„ )udg... f .t 20(0II Electi ns j. Resolution Establishing an Absentee Ballot Board (Resolution 2008 -55) k. Receive Donation Fire Department I. Receive Donation Parks Recreation Dept. m. Expenditure Approval from the Donation Account —Parks and Recreation Dept. n. R..circ Bids; Ass...J Contract Alt..,,, .1vcnuc Trunk Utility c¢. Railroad I.np.ova.m,tt.,, City ojcct 117 o. De- Commission Well #3 p. Authorize Magellan Pipeline Agreement Harmony 5 Addition, City Project #422 q. Authorize Koch Pipeline Agreement Harmony 5 Addition, City Project #422 r. VanHorn Purchase Agreement County Road 73, City Project #399 s. Authorize Payment of Crop Impact Compensation Akron Avenue Trunk Utility Railroad Improvements, City I'roject #417 t. Change rk. #1 2003 St.t. t h pmv.u,a t ojc.t, City P. jcct #118 u. Payment #9 and Final 2007 Street Improvement Program Project, City Project #410 v. Payment #12 Final Glendalough 7'" Street and Utility Improvements, City Project #401 w. Authorize Eminent Domain County Road 73 Improvements, City Project #399 (Resolution 2008 -56) xxovc T......,it Plan y. M .tion to Approve Special Assessment Payment (Resolution 2008 -57) z. Award Demolition Contract for Houses on Cameo Avenue (Resolution 2008 -58) 6j. Appointment of Election Judges for 2008 Primary and General Elections Mayor Droste stated that the City was fortunate to have a large amount of election judges. He thanked the many citizens for stepping forward to serve as election judges. Motion by Droste. Second by Sterner. Motion to approve the attached Resolution appointing election judges for the 2008 Primary and General Elecuons. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -59) 6.t. Change Order #1 2008 Street Improvement Project, City Project #418 Council Member Sterner stated he would abstain from voting because he would receive a benefit from the project. Motion by Baxter. Second by Shoe Corrigan. 1 1 Ayes: Droste, Baxter, DeBettignies, Shoe Corrigan Nays: None. Abstain: Sterner. Motion carried. Motion by Droste. Second by Sterner. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS AUGUST 4, 2008 Motion to Approve Change Order #1 2008 Street Improvement Project, City Project #-I-18 6.x. Approve Transit Plan Mayor Droste provided information about the transit plan to the residents. City Engineer Brotzler stated that the Transit Plan would also be included in the City's 2030 Comprehensive Guide Plan that will be posted on the City's website. Motion to Approve Final Draft Transit Plan and Authorize Distribution for Review and Continent. NEW BUSINESS 9.a. Amendment to City Code 7 -5: Bows and Firearms Chief of Police Kalstabakken summarized the information provided in the staff report. It was recommended that trapping be permitted in the rural residential lots of 2.5 acres or more and agricultural zoned areas. He added that traps must be set off the property lines of the property unless a privacy fence was in place. Mayor Droste invited Dan and Kathleen Babich, residents who requested the City adopt regulations on trapping, to send comments about the proposed ordinance to Mr. Kalstabakken. Council Member Baxter requested that a 25 foot buffer zone be included in the agricultural districts as well as the residential districts to move the trapping off the property lines. Council Member DeBettignies requested that the language in 3.A. be modified to include within 50 feet of any right -of -way. Council Member Shoe- Corrigan requested that staff find a way to clearly mark where traps are located. Mr. Kalstabakken stated that restrictions were included in state law about marking traps and posting the property lines where trapping may be included. Mayor Droste stated that the ordinance would be discussed again at the August 19 City Council meeting. 9.b. Fairview Clinic Planned Unit Development Final Development Plan and Lot Split, 8- 25 -FDP, 08 -26 -LS Interim City Administrator Lindquist summarized the information provided in the staff report. She provided background from the Planning Commission review and added that several approvals would be required as part of the project. 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS AUGUST 4, 2008 Council Member Shoe Corrigan questioned if there would be an entrance sign. Ms. Lundquist stated that the entrance sign would be constructed with similar materials as the building. She added that the sign would be covered under the PI:D. Council Member Shoe- Corrigan requested that Planner Lindahl ensure that the sign meets the requirements of the new sign ordinance. Council Member Sterner inquired about the parking lot configuration. Ms. Lindquist explained that the parking requirements were related to the number of employees and patients. She added that the parking was based upon the number of doctors and that Fairview representatives would assist in determining the amount of spaces needed. Ian McRoberts of McRoberts Real Estate Development and Ray Piirainen, Fairview's Director Real Estate, were excited to bring the project to Rosemount. Mfr. Piirainen stated Fairview was planning to open the clinic in March staffed with two doctors. He also provided information about the services that would be provided at the clinic. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt a resolution approving the planned unit development final development plan for Fairview Clinics. Ayes: Baxter, DeBettignies, Shoe- Corrigan, Droste, Sterner Nays: None. Motion carried. (Resolution 2008 -60) Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt a resolution approving the lot split request for McRoberts Land Development, LLC of Lot 4, Block 1 Rosemount Village Center. Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. (Resolution 2008 -61) Motion by DeBettignies. Second by Shoe Corrigan. Motion approving and executing the planned unit development agreement with Fairview Clinics. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. ANNOUNCEMENTS Council Member Baxter thanked the City Council, staff members, local press, boy scouts, Cub Foods, Leprechaun Days Committee and residents for supporting Parade for the Pantry 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS AUGUST 4, 2008 during Leprechaun Days. Complimented all the City staff members for the work they did during Leprechaun Days. Mayor Droste reviewed the schedule of upcoming meetings. The next regular City Council meeting will be held on August 19, 2008. ADJOURNMENT With no further business to come before the City Council and upon a motion by Droste, second by Sterner the meeting was adjourned at 8:17 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 CALL TO ORDER Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was held on Thursday, August 7, 2008 beginning at 6:10 p.tn. in the Conference Room at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members Baxter, Shoe Corrigan and Sterner in attendance. Council Member DeBettignies arrived shortly thereafter. Staff members present included Assistant City Administrator Foster, Communications Coordinator Cox, City Attorney Tietjen and City Clerk Domeier. NEW BUSINESS 2.a. Consideration of Employment Agreement Richard Fursman of the Brimeyer Group provided information on how the firm screens applicants and the background checks that he performs on candidates. He explained that data can be sensitive when privacy issues arise for the innocent parties involved. City Attorney Tietjen provided more information on the pending employment agreement and a discussion ensued. Based upon the research conducted and information gathered, the majority of the City Council supported the approval of the employment agreement. Council Member Baxter stated he would not support the motion. Motion by Shoe- Corrigan. Second by Stemer. Motion to fonnally appoint Dwight Johnson to the position of City Administrator and approve the employment agreement and to direct the city attorney to revise the employment agreement to clarify the city's obligations related to the payment of termination benefits. Ayes: DeBettignies, Sterner, Droste, Shoe Corrigan. Nays: Baxter. Motion approved. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS AUGUST 7, 2008 ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Droste, Second by Sterner, the special meeting was adjourned at 6:43 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 13, 2008 CALL TO ORDER Pursuant to due call and notice thereof a regular work session of the Rosemount City Council was held on Wednesday, August 13, 2008 beginning at 6:32 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 in attendance. Staff members present included Finance Director May, City Engineer Brotzler, Director of Parks and Recreation Schultz, Senior Planner Zweber and City Clerk Domeier. DISCUSSION 2.A. Former St. Joseph's Facilities Director of Parks and Recreation Schultz provided the City Council the cost estimates that were requested on July 15. Mr. Schultz along with Quinn Hutson from CNH Architects provided the preliminary numbers on the cost to make the gym, cafeteria, kitchen and first floor classrooms at the school accessible and available for public use. They also provided a breakdown of the estimates for improvements to the church by project rather than by material. Mr. Hutson explained that handicap routes must be the same or equivalent to the routes taken by those not handicapped. He also provided information on code for fire suppression. Mayor Droste recommended not moving forward with a referendum because of the soft economy. He suggested installing a hydraulic lift in the gathering area. Mr. Huston provided more information on meeting the ADA requirements for installing elevators, lifts and ramps. Discussion ensued about the different options and uses of the school. Concern was raised about the considerable amount of construction that would be needed to make the school a public use. Council Member Shoe- Corrigan added that if the buildings were to be operating as one the hours and access issues would need to be addressed. Council Member Baxter stated that the church should have fire suppression included. He was concerned about committing to a large investment in the school with not knowing the final uses. Council Member Shoe Corrigan echoed the comments and stated the limited opt they would have for redevelopment if the school staved. Council :Member DeBettignies supported a referendum to make the necessary improvements. Council Member Sterner did not support holding a referendum this fall for the improvements. Jeanne Schwartz of the Rosemount Area Arts Council recommended that the City not bond for the complex until 2010. She stated that in the interim the group wanted to build programming and demand for the uses. Mr. Schultz added that he met with the group earlier and suggested to the group to do grant writing for arts, sound and lighting within the church. Mr. Schultz stated that the Rosemount Seniors have requested a meeting space of their own. He wanted to make sure that the seniors would be comfortable with using the school building and the conditions of the building. Mayor Droste was concerned about making that 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 13, 2008 type of commitment with the cost to update the facility and the asbestos located within the building. The general consensus was to move forward with minor improvements allowing for access to the church and stage area and the installation of tire suppression system in the church. The Council also requested staff look into the cost to install a lift in the gym. Ms. Schwartz provided the City Council information about the arts council and their goals moving fonvard. 2.B. Budget Discussion Finance Director May provided updated budget information to the City Council related to the actual levy limit. He explained the different fiscal disparity numbers and the calculation of the tlat tax rate. Mr. May also summarized changes in the draft budget to the Operating Budget and CIP as listed within the staff report. Council Member DeBettignies questioned the $30,000 part -time Senior Coordinator position that was added in the staff report. Mr. Schultz provided more information about the senior listening sessions and the City Council direction to provide more services for the seniors. He added that $35,000 was set aside in the budget for programming or other needs for the St. Joseph facilities or the seniors group. Mayor Droste stated he did not support hiring a coordinator. Mr. Schultz provided the many benefits of having a senior coordinator including the coordination of transportation, working with local churches, coordinating activities and reaching out to all seniors living in Rosemount to provide for additional programming and transportation options. He pointed out that a lot more seniors, not just the local seniors group, were interested in attending various activities. He added that a majority of the seniors in the organized group were satisfied with the amount of services and space provided to them. Discussion was further held regarding the different needs of all the seniors living in Rosemount. '1l e needs change based upon those who have transportation, an activity center on site and those who attend all activities at the community center. Mr. May provided a memo to the City Council regarding the requested staff estimates and responsibilities in the Finance Department. He added that if the City Council had no other changes it was anticipated that the preliminary budget would be on the September 2 regular meeting agenda. 2.C. SKB Interim Use Permit (Case 08- 18 -IUP) Several ShB representatives were in attendance for the item. Senior Planner Zweber provided an overview of the SKB proposed expansion. Wetland Filling Council Member Sterner asked states opinion on filling wetlands. Mr. Zweber stated that in the past the City has predominately discouraged the filling of wetlands. He stated that a majority of the time it has to do with the expansion of roads. He added that a significant amount of wetlands were filled in the Evermoor development, which as a result the City's Wetland Management Plan was revised. Discussion ensued regarding the size of the 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 13, 2008 wetlands and the relocation of the wetlands. Mr. Zweber stated that the new wetland would be a Manage I wetland. Council Member Shoe- Corrigan questioned how many years the City would be able to follow up on the reestablishment of the wetland. City Engineer Brotzler stated that typically there is a five year monitoring period. He referred to Andi Moffit's recommendation regarding the monitoring period. Mr. Brotzler added that the City would work with the applicant to direct the treated stormwater runoff to the wetland to provide the hydrology that isn't at the site today. Council Member Shoe- Corrigan added that according to Ms. bfoftit's memo bringing the berm down to the wetland would have an unpact. Mt. Zweber stated that SKB has agreed to the 50 foot buffer to slow down any stormwater or rainwater that flows into the wetland. It would also serve as a trap during a large rain event and keep development away from the actual wetland. Council Member Baxter questioned the impact of filling the wetland. Mr. Zweber stated that shrinking the watershed would actually have more of an impact. The wetland won't become a Manage 2 and would stay as a functional wetland. Council Member Shoe Corrigan agreed with the filling of the wetlands as proposed provided that the wetland mitigation occurs on site. She requested that the agreement include language regarding a monitoring program after the five years. Wetland Mitigation Mr. Zweber summarized the TEP information provided in the memo. He added that the mitigation would occur on site. Mr. Brotzler stated the benchmarks that would need to be obtained with the monitoring occurring on site. He also talked about the hydrology factors. Council Member Shoe Corrigan pointed out that the applicant will be in Rosemount for a long time. The City would build in opportunities to address the issues. She agreed to move forward and see how the mitigauon works out. Storm water management NIT. Zweber stated that the applicant submitted a plan that met the City's stormwater requirements. He added that staff and the Planning Corrunission asked the applicant to revise the plan as needed to provide hydrology that at least matches or increases what goes to the wetland today. He further explained Now the stormwater management plan would work with the wetlands. I'vlr. Brotzler added that the primary issue that we design for is the 100 year rain fall event. Height of landfill cover Representatives from SKB provided models showing how the change in height would appear. They explained the elevations and sloping and provided more information about the appearance of the land till from County Road 42 and Highway 52. They also provided photographs of the permitted areas and provided views from Highway 55 and County Road 42. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 13, 2008 Mayor Droste questioned when trees were required to be planted. Mr. Zweber responded that the berms will be created before the landfill. He added that trees can be planted when the cells arc under construction. Mayor Droste requested that the trees have considerable height and include a wide variety. He was also concerned about the appearance from the Mississippi corridor. He requested the dimensions of the Pine Bend landfill in Inver Grove Heights. Mr. Zweber stated that if the plan revisions are completed by August 18, then the Planning Commission will be able to provide a recommendation. He stated that the City Council could expect to see the plans again in late September. Matt Kearney was in attendance to talk about the SKB Trust Fund. He provided a projection of the trust fund over the next 10 years. He stated that a cap was included because over the years excess dollars would be accumulated that would go directly to the City. The City Council and SKB would discuss the trust fund again at the September work session. Rick O'Gara added that he had obtained an air dome 360 feet in diameter that could be placed on the outdoor recreation complex land. He was interested in donating the dome, a portion of the installation and the grading to the City. Mayor Droste stated that Mr. O'Gara should meet with the Parks and Recreation Director and the new City Administrator for further discussion on the dome. 2.D. Outdoor Vehicle Storage Chief of Police Kalstabakken summarized the information in the staff report. He stated the draft ordinance included language for six vehicles in the urban residential districts and 10 vehicles in the rural residential districts. Considerable discussion took place regarding the number of vehicles that would be allowed in the urban residential districts. The majority of the City Council preferred to allow five vehicles in the urban residential districts. Mayor Droste preferred to have only four vehicles and Council Member Sterner preferred to have six vehicles. UPDATES MVTA Park and Ride Lot Director of Parks and Recreation Schultz stated he had a verbal understanding with the NIVTA to allow for 50 -70 parking spaces on the west side of the community center beginning in September. He stated the City Attorney was drafting an agreement. The high school students that were using the parking lot would now be allowed to park at Schwarz Pond Park parking lot. DCC Discussion was held regarding a recent news article about the July 10 storms and the handling and prioritization of calls. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS AUGUST 13, 2008 Additional Updates Mayor Droste provided information on the upcoming UMore open house, Rosemount Greens open house and the One Girl One Horse event. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved to adjourn the meeting with a second by Baxter. The meeting was adjourned at 10:59 p.m. Respectfully Submitted, Amy Domeier, City Clerk ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 19, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the City Council was held on Tuesday, August 18, 2008 at 7:30 p.m. in the Council Chambers of City Hall, 2875 145 Street \Vest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies and Shoe- Corrigan in attendance. Council Member Sterner was absent. Staff members present included City Administrator Johnson, Community Development Director Lindquist, Chief of Police Kalstabakken, Senior Planner Zweber, City Engineer Brotzler, Assistant City Administrator Foster, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. Mayor Droste welcomed the new City Administrator, Dwight Johnson, to Rosemount. He stated that the City Council was looking forward to working with Mr. Johnson for many years. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated additional information was provided for items 6.i. Receive Quotes /Award Contract CSAH 38 /Shannon Parkway Turn Lanes, City Project #424 and 6.j. Receive Bids /Award Contract Akron Avenue Trunk Utility Railroad Improvements, City Project #417. Motion by Droste. Second by Baxter. Motion to adopt the agenda as stated before us. Ayes: 4 Nays: 0. Absent: Sterner. Motion carried. CONSENT AGENDA Council Member Shoe- Corrigan pulled items 6.h. Receive Plans Spec's /Authorize Ad for Bid Downtown Regional Pondine, City Project #420 and 6.i. Receive Quotes /Award Contract CSAH 38 /Shannon Parkway Turn Lanes, City Project #424. Motion by Baxter. Second by DeBettignies. Motion to approve the Consent Agenda items a. through g. and j. Council Member DeBettignies noted the alternate motion for the resolution included for item 6.j. a. Minutes of the July 30, 2008 City Council Special Work Session Proceedings b. Minutes of the August 4, 2008 City Council Special Meeting Proceedings c. Bills Listing d. Approve Expenditure of Funds From the Police Equipment and DARE Fund e. Receive Donation Parks Recreation Dept f. Personal Leave ofAbsencc for Firefighter g. Award Contract Meadows Park Landscaping and Path Construction, City Project #387 (Resolution 2008 -63) 1 1 Ayes: DeBettignies, Shoe Corrigan, Droste, Baxter Nays: None. Absent: Sterner. Motion carried. Motion by Shoe- Corrigan. Second by DeBettignies. Motion by DeBettignies. Second by Shoe Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 19, 2008 Cu, P.b,.ct tf 120 i. Re ive Qu,nt /-\ward C ..L C CSAII 3 /Slim.... it Parkwa tat., City Ply/p_ct t' 12F j. Receive Bids /Award Contract Akron Avenue Trunk Utility Railroad Improvements, City Project #417 (Resolution 2008 -64) 6.h. Receive Plans Spec's /Authorize Ad for Bid Downtown Regional Ponding, City Project #420 Council Member Shoc- Corrigan requested that the City Engineer provide more information to the residents about the park improvements and how the improvements would be paid. Mr. Brotzler reviewed the proposed changes to Central Park and explained the need for regional ponding. He also reviewed the timeline for the project as provided in the staff report. Motion to Adopt a Resolution Receiving Plans and Specifications and Authorizing Advertisement for Bids for the Downtown Regional Ponding, City Project #420. Ayes: Shoe Corrigan, Droste, Baxter, DeBettignies Nays: None. Absent: Sterner. Motion carried. (Resolution 2008 -65) 6.i. Receive Quotes /Award Contract CSAH 38 /Shannon Parkway Turn Lanes, City Project #424 Council Member Shoe Corrigan requested that the City Engineer provide more information about the project that includes as eastbound right turn lane and a westbound bypass lane on CSAH 38 and Shannon Parkway. Mr. Brotzler provided the background on the proposed project along with the project funding. Mayor Droste questioned the timeline for the project. Mr. Brotzler stated the construction should be completed near the end of September or middle of October. Motion to Adopt a Resolution Receiving Quotes and Awarding the Contract for CSAH 38 /Shannon Parkway, City Project #424. Ayes: Droste, Baxter, DeBettignies, Shoe Corrigan Nays: None. Absent: Sterner. Motion carried. (Resolution 2008 -66) 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 19, 2008 PUBLIC HEARING 7.a. Amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunday Liquor License City Clerk Domeier stated that Shenanigan's Pub requested an amendment to their current liquor License to include an outdoor patio. Senior Planner Zweber reviewed the site plan information as provided in the staff report. He provided information on the proposed awning, access and patio configuration. Mr. Zweber stated the awning and patio would be installed at different times and noted the liquor license amendment would not be effective until the patio was completed. Council Member Shoe Corrigan questioned the fence installation. Mr. Zweber explained that if fence were not installed that alcohol could not be served outside. Council Member Baxter found the east side of the building to be the least desirable location for the patio. He questioned if the applicant considered installing the patio at a different side of the building. Mr. Zweber stated the drawbacks for constructing the patio on other sides of the building. He added that one reason the east side was chosen was due to access issues from inside the building an the ability to include a buffer zone between the building and parking lot. Mayor Droste was concerned about the landscaping on the building's east side. Mr. Zweber stated that all plantings on the east side would be new except for the deciduous tree located in the northwest corner. Mayor Droste questioned if the proposed patio would abide to the downtown concept plan and architectural standards. Mr. Zweber stated that staff worked with the applicant to ensure they met the downtown standards. Council Member DeBettignies questioned if Shenanigan's garbage receptacle was up to code. Mr. Zweber stated the applicant was in compliance. Jerry Hermann, 121" Street South, Montgomery, Minnesota, addressed the City Council on behalf of his son and Shenanigan's owner, ;Mike Hermann. He stated his son's intent was to dress up the area and make it safer. He added that with the smoking ban in place they wanted to offer their customers an area outside where they could smoke and have an adult beverage. He provided the reasons for not choosing a different side of the building to locate the patio. Mayor Droste was concerned with locating the patio on the east side of the building with the new redevelopment project across the street, the new library up the street and other development projects in the Downtown located nearby. Mr. Hermann questioned where the patio should be located since he was trying to accommodate the customers. Discussion ensued about the roadway located behind Shenanigan's. Mr. Zweber stated that staff would have to look at the tide since he was not aware of any recorded easement. Mir. Hermann stated the property served as a cut through to other properties but Shenanigan's maintains the roadway. Council Member Baxter was concerned if enough lighting was proposed. 1 1 Council Member Shoe- Corrigan stated the east side of the building would be a great place for people to sit outside. She added that if others were concerned that the patio was too close to the road that the sidewalk could be narrowed to allow for more landscaping and green space. She also stated there was no convenient way to supervise the patio and suggested that modifications be trade to ensure supervision of patrons. Council member DeBettignies stated there would be no visibility from within the building to the patio. He stated there should be some direct visibility. Community Development Director Lindquist stated that west side access way and monitoring issues should be discussed with the applicant. Motion by Baxter. Second by Shoe Corrigan. Motion to continue the public hearing. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Absent: Sterner. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 19, 2008 7.b. Maple Street Vacation Senior Planner Zweber summarized the information provided in the staff report. He recommended that the public hearing be opened and continued to September 2, 2008 to meet the statutory requirement for right -of -way vacations. Mayor Droste opened the public hearing. Motion by Droste. Second by Shoe Corrigan. Motion to close the Public Hearing. Ayes: 4 Nays: 0. Absent: Sterner. Motion carried. New Business 9.a. 2030 Comprehensive Plan Senior Planner Zweber summarized the information provided in the staff report and reviewed the major changes to the proposed Comprehensive Plan. Upon approval, the document would be released to neighboring communities and the general public for a six month review period. Mayor Droste stated that a lot of data was provided regarding housing and population. He stated all the changes to the Comprehensive Plan were to accommodate the numbers provided by the Met Council. qtr. Zweber stated the City is bound to submit a Comprehensive Plan that meets the publication the Met Council has determined. Council Member DeBettignies thanked all the staff behind the project for their hard work. Council Member Baxter thanked Community' Development Director Lindquist, Senior 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS AUGUST 19, 2008 Planner Zweber, Planner Lindahl and all Commissions for their hard work on preparing the documents. Council Member Shoe Corrigan questioned the land use designation for the UMore property. Mr. Zweber stated that the City will work with the University on the land use planning. The City will also ensure that they are clear on the expectations for the property and that the University will follow the same process as any other developer. Mayor Droste commended staff for engaging the public's input during the process. Motion by DeBettignies. Second by Shoe- Corrigan. Motion to release the Comprehensive Plan to our Neighboring Communities and the General Public for a six month review period. Ayes: Shoe Corrigan, Droste, Baxter, DeBettignies Nays: None. Absent: Sterner. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming meetings on the calendar. The next regular City Council meeting will be held on Tuesday, September 2, 2008. Council member Baxter thanked Community- Development Director Lindquist for the great job she did serving as the Interim City Administrator. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, Second by DeBettignies, the meeting was adjourned at 9:21 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS SEPTEMBER 2, 2008 CALL TO ORDER Pursuant to due call and notice thereof a special work session of the Rosemount City Council was held on Tuesday, September 2, 2111)8 at 6:33 p.rtn. in the Conference Room of Cky Hall at 2875 145 Street \Vest. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe- Corrigan and Sterner in attendance. Staff members present included City Administrator Johnson, City Engineer Brotzler, City Clerk Domeier and Finance Director May. DISCUSSION 2.A. Water Utility Rates City Engineer Brotzler summarized the letter in the packet and stated the conservation water rate structure was due by January 2010. Mr. Brotzler stated that in the next year the City Council will need to evaluate the water rates and develop a rate stmcmre that meets the DNR water conservation standards. He explained the different options for moving forward and rapes of conservation rate structures. Discussion ensued about using a separate rate structure based upon the zoning of a property. Mr. Brotzler stated that water access charges were established with the single family homes using an "x" amount for a baseline. He added that larger users would put a larger burden on the infrastructure and the rates increase significantly based upon the usage. He noted that the average user goes through 9,0110 gallons per month. Mayor Droste stated that second meters only promote more user consumption. He stated the issue should be addressed taking into account the projected growth rates. He did not want to force residents to add second meters because of the installation costs. Council Member DeBettignies stated that only about 20°,:o of the residents have a second meter installed. Finance Director May stated that residents are making an investment because they want to use the water. He added that everyone has free reign to use as much water as they want. Mayor Droste wanted a system developed that offered credits or a base usage and determining the billing from those factors. City Administrator Johnson questioned if the City Council was in agreement to have the Utility Commission review the second meter policy. He also questioned if any of the options provided by Mr. Brotzler should not be considered. Council Member Baxter did not support a seasonal rate but did support charging more for excess use during prime times of the year. Council Member Shoe Corrigan requested that staff research and check with other cities on their best practices for encouraging water conservation. Finance Director May stated there was plenty of lead time from an administration standpoint to implement the changes and educate the residents. Council Member Baxter questioned if there could be incentives to reduce the total use. Mr. Brotzler stated that the rates are based off of an expense the City has for operating the system. He added that while the City may end up driving water conservation less usage would result in less revenue. He stated that an increase in revenue would be needed to offset the costs. I\1r. May stated he was not aware of another city that 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS SEPTEMBER 2, 2008 gave a rebate or a credit on a bill for water conservation. He added that while it would not be impossible it would be a lot more manual work to accomplish. Mayor Droste requested that the Utility Commission investigate the second meter decision. Mr. Brotzler questioned if the goal was to eliminate the second water meter. Council Member Baxter questioned if the City wanted to charge residents the sewer charge on water that is going on lawn. If not, he suggested getting rid of the second meter. Mayor Droste questioned the policy and cautioned that the City was adding a cost to homes that other cities do not charge. Discussion ensued about grandfathering in all second meters that were installed in the past two and a half years or prorating the amount. Mr. Brotzler stated that over time making any changes mean the City uill have to monitor the revenue to balance out moving forward. Mr. Johnson questioned if the City should remain revenue neutral or include a cost of living increase. Council Nlember Shoe- Corrigan preferred a gradual increase. Council Member Baxter stated the City did not have to be revenue neutral. Nlayor Droste directed staff to have plenty of information available for the residents when the rate changes occur. The direction of the City Council included no seasonal up charge; investigate the second meter issues; going forward the races did not have to be revenue neutral; educate the public on the changes in rate; include the same sewer rate across the board and researching how other cities promote water conservation. 2.B. UPDATES Compost Applications City Administrator Johnson stated that Compost Partners, LLC withdrew its Interim Use Permit, Zoning Text Amendment and Mineral Extraction Permit after the August 26, 2008 Planning Commission meeting. Shenanigan's Pub Patio City Administrator Johnson stated that since the August 19, 2008 meeting Shenanigan's resubmitted a new drawing for the patio. The owner was looking to install a patio on the south side of the building. He stated that the revised plans would be discussed at a future public hearing. Budget Hearing Mr. May stated that because there was only a small increase to the overall levy the City was not required to hold a truth -in- taxation hearing. The City Council preferred to still hold the hearing to allow citizens the opportunity to speak about budget issues. 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 7:15 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 2, 2008 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, September 2, 2008 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter and Sterner. Staff members present included City Administrator Johnson, Director of Parks and Recreation Schultz, City Clerk Domeier, Community Development Director Lindquist, City Engineer Brotzler, City Attorney LeFevere, Finance Director May and Assistant City Administrator Foster. ADDITIONS OR CORRECTIONS TO AGENDA Cite Administrator Johnson stated a change was made to item 6.a. Minutes of the August 7, 2008 City Council Special Meeting Proceedings. The meeting minutes were revised to include the correct attendance of Council Members. DEPARTMENTAL REPORTS /BUSINESS 2.a. Rosemount Greens Presentation Community Development Director Lindquist provided information about the changes to the units at Rosemount Greens. She stated that at the Grand Opening celebration, the City was recognized for its support of the project with the Mayor accepting a plaque on behalf of the City Council and community. PUBLIC COMMENT Ron Thomas, President of Dakota County Technical College, invited the public to attend Septemberfest on September 13 and 14 at the college. CONSENT AGENDA Council Member Shoe Corrigan pulled items 6.g. Trunk Highway 3 Cooperative Agreement, City Project #421 and 6.h .Authorize Preparation of Feasibility Rcport 2009 Street Improvements Project, City Project #426 for further discussion. Motion by Baxter. Second by Sterner. Motion to approve the Consent Agenda items a. -f. a. Minutes of the August 7, 2008 City Council Special Meeting Proceedings b. Minutes of the August 13, 2008 City Council Work Session Proceedings c. Bills Listing d. Resolution Regarding City Administrator (Resolution 2008 -67) e. Parking Lot Use Agreement with MVTA f. Parking Lot Memorandum of Understanding g. Trunk Highway 3 Cooperative Agreement, City Project #421 h. Authorize Preparation of Feasibility Report 2009 Street Improvements Project, City Project #426 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 1 1 1 6.g. Trunk Highway 3 Cooperative Agreement Council Member Shoe- Corrigan pulled the item for information only. She requested that City Engineer Brotzler updated the public on improvements within the agreement. City Engineer Brotzler provided more information about the proposed improvements on Highway 3. Council Member Sterner questioned the funding. Mr. Brotzler stated that the projects are ranked against other projects and that funding would vary based upon other projects within the request. He added that the funding decisions would be issued in January 2009 and the City could continue to apply for funding on an annual basis. Motion by Shoe Corrigan. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 2, 2008 Motion to Adopt a Resolution Requesting Funding from MnDOT through the Municipal Agreement Program for TH 3 and Canada Avenue. Ayes: Shoe Corrigan, Droste, Stemer, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -68) Motion by Shoe- Corrigan. Second by DeBettignies. Motion to Adopt a Resolution Requesting Funding from MnDOT through the Municipal Agreement Program for TH 3 at 145 Street and 143r Street. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 2008-69) 6.h. Authorize Preparation of Feasibility Report 2009 Street Improvements Project, City Project #426 Council Member Shoe Corrigan pulled the item for information only. She requested that City Engineer Brotzler updated the public on project and proposed timeline. City Engineer Brotzler provided information on the scope of the project along with the projected timeline. Motion by Shoe Corrigan. Second by DeBettignies. Motion to Adopt a Resolution Ordering a Feasibility Report for the 2009 Street Improvements Project, City Project #426. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Resolution 2008 -70) 7.a. Maple Street Vacation, Case 08 -08 -FP Community Development Director Lindquist summarized the information provided in the staff report. Mayor Droste opened the Public Hearing. 1 1 1 Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 2, 2008 Motion to adopt a Resolution approving the vacation of the north 33 feet of Maple Avenue adjoining Lot 14, Block 3 of Auditor's Subdivision No. 1. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. (Resolution 2008 -71) 7.b. St. Joseph School Project Preliminary Approval to the Issuance of a Revenue Note Finance Director May stated the item before the City Council was to hear testimony and discuss the proposed project and financing for the St. Joseph school project. Gary Mitchell, the Business Administrator with St. Joseph School, spoke about the proposed school building and provided more information about the specifics of the project. Mr. Mitchell anticipated that construction would start in the late fall and that the school would open in the fall of 2009. He added that a ground breaking ceremony would be held on September 14 at 11:30 a.m. 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 Stemer Motion to adopt a Resolution Giving Preliminary Approval to the Issuance of a Revenue Note for the St. Joseph School Project. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. (Resolution 2008 -72) 1 1 1 9.a. Resolution Setting 2008 Preliminary Levy and Budget Hearing Dates Finance Director May asked the City Council to adopt the preluninan• levy for 2008, set the hearing dates required by the Truth -in- Taxation laws, and adopt the preliminary budgets for 2009. Council Member Baxter thanked Mr. May and City staff for presenting the budget information in a manner that was easy to understand. He took a lot of pride in the relationship the City Council has with the staff and found it to be a cooperative process. Mr. May added that because there was only a small increase to the overall levy the City was not required to hold a truth -in- taxation hearing. He stated that based upon the City Council input the hearing would still be held to allow citizens the opportunity to speak about the budget issues. Mayor Droste thanked Interim City Administrator Lindquist for taking the City Council through the budget process and commended her on a job well done. Motion by Sterner. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008-73) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 2, 2008 Motion to adopt a Resolution Setting the Preliminary 2009 General Fund Operating Budget, the Preliminary 2009 CIP Budgets, the Preliminary 2009 Insurance Budget, the Preliminary 20119 Port Authority Operating Levy and the Preliminary 2008 Levy and Budget Hearing Dates Required by the City of Rosemount. ANNOUNCEMENTS Mayor Droste stated next regular City Council meeting will be held on Tuesday, October 16. ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Droste, second by Sterner, the meeting was adjourned at 8:14 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 10, 2008 CALL TO ORDER Pursuant to due call and notice thereof a regular work session of the Rosemount City Council was held on Wednesday, September 10, 2008 at 6:33 p.m. in the Conference Room at City Hall, 2875 145" Street West. Mayor Droste called the meeting to order with Council Members Sterner, Shoe Corrigan, Baxter and DeBettignies in attendance. Staff members present included Community Development Director Lindquist, City Administrator Johnson, Director of Parks and Recreation Schultz, Assistant City Administrator Foster and City Clerk Domeier. DISCUSSION 2.A. SKB- Rosemount Community Trust Fund Community Development Director Lindquist stated that as part of the amendment to the interim use permit process, the Cm has typically taken the opportunity to discuss the financial arrangements regulated by the SKB- Rosemount Community Trust Fund, the Interim Use Permit, and the Development Commitment. Ms. Lindquist provided more information about the changes made relating to the use of the trust in 2004. She reviewed the payment overviews, Trust Fund options distribution and highlighted the main points of the proposal. Two features of the proposal were to set a cap on the fund balance and also provide a cap on the amount of distributions coming from the Trust Fund on any given year. Matt Kearney explained the Fund Balance Growth Analysis for 2008 -2017 that was included in the staff report. A brief discussion was held on the gross contributions to the SKB Fund. Mayor Droste stated the best way to treat the residents was to make sure the fees go in the general fund to help offset the taxes. He was concerned about double taxing the residents. Council Member Baxter indicated he was comfortable with a $1.5 million cap. He did not want the trust fund to go array because it does great things for the community. He would prefer to have the trust find renamed so that the City would receive some credit on the donations. Mr. Kearney offered more numbers from a historical perspective on the distribution of fund monies to various groups. The recipients included educational groups, transportation such as DARTS, athletics and general civic activities. Council Member Shoe Corrigan stated that the trust fund does many good things for the community. She preferred the $2 million cap and to include the City's name on the trust fund. She wanted more facilities and amenities brought to the conunuwity which could be named after SKR and the City. Rick O'Gara pointed out that the intent when the trust fund was set up was for the extra money given to the Cinv to be used for capital improvement. He added that SKB would like to see the trust fund continue forever and were flexible on how to move forward. Don Chapdeline added that the assurance on the trust board is that all monies are being spent on Rosemount citizens. 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 10, 2008 Council Member Sterner stated that the cap did not take into account the inflationary cost of living. Council Member DeBettignies pointed out that the cost of living was a huge variable to be calculated. Mayor Droste noted that the staff recommended a $1.9 million cap which resulting in a Trust Fund distribution of approximately $82,000, close to the average distribution. City Administrator J ohnson pointed out that the cap could be reviewed again in five years when the IUP expires. Council Member Baxter favored a hard cap of $1.5 million with a 50/50 ramp down with a clause that states the fund would be reviewed again by the City Council in three years. The City Council consensus was to cap the fund at $1.5 million while splitting the contributions with the City in the same 50% formula until the cap is reached in 2011, which is based upon the financial information provided by SKB. The 1.5 million cap is projected to generate $620011 which can be used to provide grants to various local organizations in the same manner as the current situation. The distribution will be capped at $62,000 with any additional income into the Fund being forwarded to the Cirv. Additionally, after the Fund cap is achieved all payments will go directly to the City rather than being funneled into the Trust Fund. 2.B. Solid Waste Haulers Director of Parks and Recreation Schultz reviewed the information provided in the staff report regarding the number of solid waste /recycle haulers being licensed in Rosemount. Mayor Droste stated that public safety was his first concern. His second concern was the amount of garbage trucks going through one neighborhood. He stated the list of haulers will continue to grow if the City does not put a limit on the licenses. Discussion ensued about the garbage haulers using more greening techniques. Mr. Schultz stated that we would look into language that could be worked into the ordinance that included green standards. Council Member Baxter favored drawing a line and not allowing other haulers to obtain a permit. Council Member Sterner believed in free enterprise and including more green standards in the ordinance. Discussion continued about having separate licenses depending upon the type of hauler. The City Council also favored moving toward all haulers using single sort recycling within wo years. 2.C. Discussion of Liquor License Ordinance Conununiry Development Director Lindquist requested clarity on how to interpret two particular conditions with the Ordinance. The first condition was the buffer zone between the deck and the adjacent parking lot and the second was related to the monitoring of the patio area. 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 10, 2008 Ms. Lindquist questioned if a sidewalk would serve as adequate separation. Council Member Baxter stated he considered a buffer to be a transition between uses. He felt the area should have shrubs, grass or trees included as an area that wouldn't normally be occupied. Ms. Lindquist also questioned the intent of the ordinance stipulation that the patio must be controlled and monitored continuously. She pointed out that staff had not taken the condition literally; that someone needed monitor a patio constantly. She noted that not all buildings including the American Legion and Shenanigan's Pub have windows facing the patios. Council Member Baxter stated chat continuous monitoring does not mean constant monitoring. He added that a manager, supervisor or wait staff could monitor the patio on a regular basis as they provide service to patrons on the patio Mayor Droste stated the ordinance should include that the applicant has to install windows and doors to the patio. Ms. Lindquist stated that certain existing conditions of buildings in Rosemount may preclude the ability to provide windows without significant retrofitting. Mike Hermann of Shenanigan's Pub was in attendance for the discussion on Shenanigan's proposed patio. He stated he chose the east side of the building because everyone would see it as they drove by. He stated with the construction of the patio the old landscaping would be remoy ed. He addressed the access issues that were raised at an earlier Council meeting. He added that the lights are already available outside so the lighting would be adequate. Council Member Shoe- Corrigan favored the patio being located on the east side of Shenanigan's. Council Member DeBetugnies added that if the patio was done right it could be very attractive. Mayor Droste raised concerns about the noise, traffic, landscaping and the close proximity of the patio to the new Waterford project. Council Member DeBettignies stated that there would be more noise from the trains and traffic through the Downtown then what would he generated from the patio. Council Member Baxter stated he was comfortable with the patio being located on the east side with appropriate buffering and landscaping. He also thought the approval of an outdoor patio should be tied to having wait staff and a full food menu available. Ms. Lindquist stated that Shenanigan's holds a Class A license which does include a food requirement to hold the license. Mayor Droste was still concerned about the new Downtown project located across the street. He stated that the developer was making a $17 trillion invesunent. Mr. Hermann stated that he was making an investment as well. Council Member Shoe Corrigan commented that different standards [night need to be included in the Downtown area incorporating the type of fencing, patio tables, and landscaping in the ordinance. Council Member DeBettignies suggested that Mr. Hermann submit a visual rendering of how the patio would be viewed from across the street. Ivir. Hermann and the City Council were in agreement that the patio would have limited hours included in the approval. Mayor Droste also directed staff to contact Mr. Johnson, the developer of Waterford, and find out his thoughts on the construction of the patio and proximity from the new Downtown project. 1 1 1 ROSEMOUNT CITY COUNCIL WORK SESSION PROCEEDINGS SEPTEMBER 10, 2008 2.D. Mayor and Council Salaries Assistant City Administrator Foster stated that State law requires that compensation adjustments for elected officials be done prior to the election this year and that any adjustment cannot be effective until the following year. The last time the salary for the Mayor and Council members was increased at the City of Rosemount was January 1, 2007. She summarized the recommended compensation adjustments as provided in the staff report and provided information on Mayor and City Council salaries of metro area cities. Discussion ensued regarding the preferred method of determining a percent increase every two years. After the brief discussion, the City Council direction was to adjust the salaries for the Mayor and Council Members in even numbered years by using either the Consumer Price Index published by the Department of Labor (US City Average, AU Urban Consumers) or the average amount of non -union employee cost of living adjustments (whichever is less for the two year period) for the prior two years. These comparisons will be made from July of the previous two years and all adjustments would be effective on January 1 and biennially thereafter. Council salaries will be within 10 °4 of the average of sinular sized cities (population 15,000 30,000) in the metro area. Ms. Foster stated that the item would be on an upcoming City Council agenda. UPDATES Accessory Building /Downtown Project Community Development Director stated that Wally Johnson of Stonebridge questioned if the white garage located near the project could be retained to store their property maintenance equipment. Council Member Baxter did not want the building to be retained. Council Member Sterner was tine with the building being used for storage purposes. Others mentioned they needed to look more at the structure and would notify staff at a later date. Broadband Community Development Director Lindquist and City Administrator Johnson updated the City Council on the local city administrator's broadband task force group. Staff stated that the group was asking for each community to invest approximately $3,000 into a marketing opportunity that would educate the public on the fiber capacity available. The City Council was open to moving forward but wanted more information on how the services related to the community. Walkability Workshop Community Development Director Lindquist provided information on the \\alkability Workshop scheduled for September 30. 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 9:50 p.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 held on Tuesday, September 16, 2008 beginning at 7:30 in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Baxter and Sterner in attendance. Staff members present included City Administrator_ Johnson, Community Development Director Lindquist, Chief of Police Kalstabakken, City Engineer Brotzler, Finance Director May, Assistant City Administrator Foster and City Clerk Domeier. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there were no additions or corrections to the Agenda. Motion by Droste. Second by Sterner. Motion to adopt the Agenda as it's stated. Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 DEPARTMENTAL REPORTS /BUSINESS 3.a. Police Officer Oath of Office Chief of Police Kalstabakken introduced Anthony Tabaka and provided information on his professional background. Mayor Droste administered the Police Officer Oath of Office to Mr. Tabaka and welcomed him to the City. Council Member Baxter requested that Mr. Kalstabakken update the public on the department's services during the Republican National Convention. Ivh. Kalstabakken stated that 12 officers provided security along the transportation routes. He added that Sergeant Burkhalter, as part of a larger tactical team, helped control the protestors that were at the convention. He stated that the 450 hours of service would be reimbursed to the department through a grant obtained by St. Paul. PUBLIC COMMENT Myron Napper, 3 381 145t Street East Rosemount, stated he attended the last Planning Commission meeting where a new compost site was being considered. He opposed the additional of another compost site. Air. Napper was concerned that City staff did not do enough investigating and background research on the project. City administrator Johnson stated that new information was provided at the meeting that staff was not aware of. He added that the item was tabled at the Planning Commission meeting. Mr. Johnson stated since that hearing the applicant has withdrawn the application. He ended by noting that all hearings go before Plannutg Commission whether or not the City staff supports the project. 1 1 CONSENT AGENDA Council Mleunber Sterner pulled items 6.d Accept Donations To and Approve Expenditure of Funds From the Police Equipment Fund and 6.f. Declare Cost /Set Hearing 2008 Street Improvements Project, City Project 418 for further discussion. Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda with the exception of items d. and f. a. Minutes of the August 19, 2008 City Council Meeting Proceedings b. Bills Listing c. Traffic Safety Grant Resolution (Resolution 2008 -74) d. A,cc D tiati „ns Te, ,aid App:. vc E.. ,nil mrc f Fw.dL F..,t., the P lice eta -mad e. 2008A G.O. Equipment Certificates of Indebtedness Providing for the Limited Competitive Sale (Resolution 2008 -75) Receive Bids /Award Contract Downtown Regional Pond, City Project #420 (Resolution 2008 -76) h. Payment #3 Final 2007 Utility Maintenance Improvementss, City Project #ENG 133 i. City Council Voting Requirements for Adopting or Amending Zoning Ordinances j. Urban Land Institute and Regional Council of Mayors Housing Initiative Agreement k. Comprehensive Plan Deadline Extension (Resolution 2008 -77) 1. Maple Street Vacation, Case 08 -08 -FP (Resolution 2008 -78) g Ayes: DeBettignies, Shoe- Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.d. Accept Donations To and Approve Expenditure of Funds From the Police Equipment Fund Council Member Sterner thanked Rosemount McDonalds, Terry's Ace Hardware and Bernice Wenzel for the donations to the Police Department. Motion by Sterner. Second by DeBettignies. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 Motion to authorize expenditure of funds in the amount of $1285.45 from the Police Equipment Fund for the purpose of purchasing commemorative badges for the police and accept three (3) donations of $100 each to the Police Equipment Fund. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. 1 1 6.f. Declare Cost/Set Hearing 2008 Street Improvements Project, City Project 418 Council Member Sterner stated he would abstain from voting because he would receive a benefit from the project. Mayor Droste asked City Engineer Brotzler to provide an update on the delayed work. City Engineer Brotzler stated that the project was delayed for six weeks because existing private utilities were not buried deep enough. The private utilities were relocated and the contractor is completing the sidewalks. He stated that the second layer of blacktop would be added soon and the project would be done at the end of the month or first week of October. Mr. Brotzler stated that a public informational meeting about the project would be held before the public hearing. He talked about the reduction in project costs and stated that the assessments were expected to be less than the original estimates. Motion by Baxter. Second by DeBetugnies. Mayor Droste opened the Public Hearing. Motion by Sterner. Second by DeBetugnies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 Motion to Adopt a Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment and Calling for Hearing on the Proposed Assessment for the 2008 Street Improvements Project, City Project #418. Ayes: Droste, Baxter, DeBetugnies, Shoe Corrigan Nays: None. Abstain: Sterner. Motion carried. (Resolution 2008 -79) PUBLIC HEARING 7.a. Amendment to Shenanigan's Pub Class A On Liquor License and Special Sunday Liquor License City Clerk Domeier stated the applicant withdrew the application and planned to reapply again in the spring. She stated that because the public hearing was conunued from August 19 it should be officially. closed. OLD BUSINESS 8.a. Amendment to City Code 7 -5: Bows and Firearms Chief of Police Kalstabakken summarized the changes related to the restrictions on the types of traps permitted, distance setbacks from the property lines and roadways and the allox;ing of trapping east of County Road 71 in the heavy industrial zoned districts. 1-le added that minor grammatical changes were made to the Ordinance that was included in the packet. Mayor Droste questioned how many traps were located within the City. Mr. Kalstabakken replied that the City does not track any hunting that is done by bow, firearm or trapping. He 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 added that quick kill traps for rodents would still be allowed. He added that DNR handles the live trapping regulations. Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve amendments to City Code 7 -5: Bows and Firearms. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Ordinance XIV.28) 8.b. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA Community Development Director Lindquist stated the recommendation before the Council, based upon previous meetings was to limit the number of vehicles to five in the urban areas and 10 in rural areas. Ms. Lindquist added that staff also modified the definition of vehicles to include some motor powered vehicles that were not previously listed. The amendment also clarified how the vehicles would be counted and she pointed out that storing a vehicle on a trailer would not reduce the total number. Council Member Sterner questioned the size allowed for storage building;. Nis. Lindquist stated requirements for the different zoned areas. She added that the hard surface requirement is still considered when an accessory structure is built. Mayor Droste stated the standards for surrounding communities as provided in the staff report. He added that a number of homes in the CM' were part of homeowners associations. He stated that most associations use a 48 hour limitation for the storage of vehicles. City Attorney LePevere stated that the stricter rules of the association or the ordinance would have control on the matter. He added that while the City has more enforcement tools available the association can enforce its own rules. Council Member DeBettignies questioned why associations were being discussed when their rules are not controlled by the City. Mayor Droste supported the modifications to the rural areas but did not support any restriction in the urban areas. Council Member Shoe Corrigan stated that some rural areas also have covenants in place. Ms. Lindquist stated that even if covenants are in place they may not regulate the storage of vehicles; the city does not have information about the private covenants. She added that the Ciry would direct homeowners with complaints to the association. Council Member Shoe Corrigan was concerned about having too much government. She added that the issue is at the Council table because of persistent problems in a specific neighborhood. She was uneasy about passing an ordinance with arbitrary numbers. Council Member Baxter stated the item was a growth issue that should be dealt with by the City Council. Ile stated that the City Council has spent a lot of time deciding on what the 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 number of vehicles should be and to not act on the numbers because they are arbitrary is not right. He found the proposed numbers to be reasonable. Council Member DeBettignies pointed out that there are cities that have limits on the storage of vehicles. He added that Rosemount has a unique set up with the amount of rural residential property located within the City. He stated the Council made a decision earlier to move forward with the five and ten numbers and now he is receiving mixed signals. He stated he supported the recommendation. Council Member Sterner stated that he could support having the limitation include ten in the rural areas and six in the urban areas. Council Member Shoe- Corrigan questioned if enforcement of the ordinance would be easier if numbers were attached. Police Chief Kalstabakken stated that it would be easier to monitor if based upon a number versus using a calculation of impervious surface. Ms. Lindquist added that people want the City to resolve these types of complaints without too much ambiguity in interpreting the ordinance. Council Member Shoe Corrigan stated she was willing to vote in favor of the proposed ten and five regulations. Mayor Droste added if the City Council favored the five in the urban areas he would support it. City Attorney LeFevere discussed the use of the word arbitrary when discussing the number chosen in the ordinance. He explained that arbitrary would mean there is no basis for the ordinance decision. What he hears the Council saying is there is no technical answer for the number of vehicles but there may be a community standard that leads to a set number. If the Council really feels the ordinance is arbitrary they should vote against the ordinance. Council Member Sterner stated he heard having no restrictions in the urban area or a regulation of six in the urban area. He would not support the urban areas having a five vehicle limitation. Motion by DeBettignies. Second by Baxter. Motion to Hold the First Reading of Ordinance Amending The City of Rosemount City Code Title 8, Chapter 2 Relating to the Outdoor Parking or Storage of Vehicles in Residential Districts to be set at Ten Vehicles in the Rural Areas and Five in the Urban Areas and to Declare a Second Ready of the Ordinance set for October 7, 2008 at our next City Council Meeting. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste Nays: Sterner. Motion carried. ANNOUNCEMENTS Maven- Droste stated that the next regular City Council meeting would be held on October 7, 2008. 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS SEPTEMBER 16, 2008 ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Droste, Second by Sterner, the meeting was adjourned at 8:49 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, October 7, 2008 at 7:31) p.m. in the Council Chambers at City Hall, 2875 145 Street \-est. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Staff members present included City Administrator Johnson, Community Development Director Lindquist, Police Chief Kalstabakken, Senior Planner Zweber, City Clerk Domeier, Project Manager Dawley, Assistant City Administrator Foster, Finance Director May and Parks and Recreation Director Schultz. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA :h Administrator Johnson stated that additional information was provided for items 7.a. Application for On -Sale liquor License Class B and Sunday Liquor License, Carbone's Pizza Pub, 8.b. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA and 9.a. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA He added that Finance Director also distributed information related to item 8.a. Accept Proposals and Award Sale G.O. Equipment Certificates of Indebtedness, Series 2008A. Motion by Droste. Second by Sterner. Motion to Adopt the Agenda as it stands. Ayes: 5 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Presentation of Bond Credit Rating Upgrade Plaque Tern Heaton from Springsted was in attendance to present a plaque acknowledging the City of Rosemount's bond credit rating upgrade. Mayor Droste thanked Finance Director May and the Finance Department for their hard work and recommendations provided. PUBLIC COMMENT Dakota County Commissioner Will Branning stated he attended a tour of the library on September 30. He was impressed with library and provided pictures and further information about the project. Kevin Grass, 2774 138 Street West, Rosemount was concerned about the train noise in Rosemount. Ile expressed his frustration with the trains and the amount of time intersections would be blocked by gates. Mr. Grass also had concerns about the proposed vehicle ordinance. Mayor Droste stated that Mr. Grass would be allowed to provide comment about the ordinance when the item was discussed. Mayor Droste further stated that a response to the train noise concerns .would be provided at the October 21, 2008 meeting. CONSENT AGENDA Mayor Droste pulled items 6.h. Appointment of Election Judges for the 2008 General Election and 6.k. Change Order #2 and Final Payment #6 CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412for further discussion. Motion by Baxter. Second by Sterner. b. c. d. e. f. g. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Motion to Approve the Consent Agenda with the Exception of items h. and k. a. Minutes of the September 2, 2008 Cite Council Special Work Session Proceedings Minutes of the September 2, 2008 City Council Meeting Proceedings Minutes of the September 10, 2008 City Council Work Session Proceedings Minutes of the September 16, 2008 City Council Meeting Proceedings Bills Listing Budget Amendments (Resolution 2008 -80) 2008 City Council Meeting Schedule i. Mayor and Council Salaries j. Personal Leave of Absence for a Firefighter L. Ch...,gt Onkr 112 mid Final .,....,t #L CSAII 12/Sh,..m.,.. R.k o ha<..ts on Iir.pnirttnnnv, Cit ,,jtct /1 112 I. 2009-2U13 Dakota County C.I.P. (Resolution 2008 -81) m. Halloween Event Service Agreement n. Declaration of Surplus Property• Parks Recreation Dept. o. Approve Expenditure of Funds From the Police Equipment Fund Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. 6.h. Appointment of Election Judges for the 2008 General Election Mayor Droste stated that 105 citizens would be appointed to serve as election judges at the General Election held on November 4. He thanked the many judges in advance for their service to the community. Motion by Droste. Second by DeBettignies. Motion to Approve the attached Resolution Appointing Election Judges for the November 4, 2008 General Election. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -82) 6.k. Change Order #2 and Final Payment #6 CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412 Mayor Droste stated the item included the final bill for the improvements made at the Shannon Parkway and County Road 42 intersection. He provided more information about the improvements made at the intersection. 1 1 1 Motion by Droste. Second by DeBettignies ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Motion to Approve Change Order #2 for the CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412. Motion to Approve Payment #6 and Final for the CSAH 42 /Shannon Parkway Intersection Improvements, City Project #412, to McNamara Contracting and Accepting it for Perpetual Maintenance. Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motions carried. PUBLIC HEARINGS 7.a. Application for On-Sale Liquor License Class B and Sunday Liquor License, Carbone's Pizza Pub City Clerk Domeier summarized the information provided in the staff report. She pointed out that the patio would be included in the liquor premise. Similar to the former liquor license holder, the patio would include conditions that would impose a closing time of 11 p.m. Sunday through Thursday and midnight on Friday and Saturday. Council Member Shoe Corrigan questioned how long Carbone's has been in business. The applicant, Dave Landgrebe, stated that Carbone's was a metro franchise for over 35 years. Mr. Landgrebe stated he chose to locate in the former Superstar's location based upon the turn -key condition. He provided menu infomaation and talked about his plan to have a Family type atmosphere. Council Member Shoe Corrigan stated her excitetnent about having another family style establishtncnt available in Rosemount. 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 DeBettignies. Second by Shoe Corrigan. Motion to Approve the On -Sale Liquor License Class B, Sunday Liquor for Carbone's Pizza Pub located at 14550 South Robert Trail. Motion to Approve a Resolution Imposing Additional Conditions to the Liquor Licenses at Carbone's Pizza Pub located at 14550 South Robert Trail. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motions carried. (Resolution 2008 -83) 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 7.b. Application for On -Sale Liquor License Class B and Sunday Liquor License, Warming House Cafe, LLC City Clerk Domeier summarized the information provided in the staff report. She stated that the liquor licenses would not be issued until the Warming House Cafe, LLC received a certificate of occupancy from the Chief Building Official. Council Member Shoe Corrigan questioned the menu. Mary Eigner, owner of Warming House Cafe, LLC, stated she was working with the Doolittle's chef to provide a variety of items on the menu. The primary purpose of the restaurant is for the hockey users but it would also be opened to the public. Mayor Droste questioned when the restaurant would open. Ms. Eigner anticipated that the hockey rink would open in October and the restaurant in November. Mayor Droste opened the Public Hearing. Motion by Droste. Second by Mark. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Council Member Baxter stated that because he had offered legal services for the project he would abstain from voting on the motion. Motion by Sterner. Second by Shoe Corrigan. Motion to Approve the On -Sale Liquor License Class B and Sunday Liquor License for Warming House Cafe, LLC located at 3410 150 Street \Vest subject to obtaining a Certificate of Occupancy from the Chief Building Official for the construction of the restaurant. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Abstain: Baxter. Motion carried. OLD BUSINESS 8.a. Accept Proposals and Award Sale G.O. Equipment Certificates of Indebtedness, Series 2008A Finance Director May provided more information the sale of the equipment bonds and the results of the proposals received earlier in the day. He stated that Wells Fargo submitted the lowest bid at 3.99 °1 interest. Council Member Sterner questioned what the rate would have been with the City's old bond rating. Terri Heaton, from Springsted, stated it would be difficult to determine because of 1 1 1 the recalibrating in the credit industry. She stated that today the credit rating was never more important and that investors are looking for more security. Mayor Droste questioned with all the vitality in the market if it was impacting the city level municipal bonds. Ms. Heaton replied yes and that bond issues that are under 20 mullion and backed by the government still have retail buyers. She stated it was a great time to be selling bonds. Motion by DeBettignies. Second by Baxter. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Motion to adopt a Resolution Accepting Offer on Sale of $385,000 General Obligation Equipment Certificates of Indebtedness, Series 2008A, Providing for their Issuance and Levying a Tax for the Payment thereof. Ayes: Shoe- Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. (Resolution 2008 -84) 8.b. Text Amendment Outdoor Parking or Storage of Vehicles in Residential Districts City of Rosemount, 08 -17 -TA Community Development Director Lindquist summarized the information provided in the staff report. She stated the recommendation was to amend the ordinance to allow up to 5 vehicles in the urban area and l0 vehicles in the rural residential areas. Ms. Lindquist stated that Council Member Sterner requested that staff investigate the Apple Valley ordinance which permits additional vehicles through an administrative permit process. She stated that the draft ordinance amendment provided the same criteria that Apple Valley requires for an administrative permit. Mayor Droste questioned the permit process and fee. Ms. Lindquist explained that it was an administrative permit process. if a resident meets the criteria a permit would be issued to allow for one additional vehicle on urban properties. She stated that the City typically charges a fee that would cover the administrative costs. Kevin Grass, 2774 138 Street West, Rosemount, stated that if parking was available on your driveway or property it shouldn't be an issue. He added that rural property owners should be allowed to build a larger shed. Gene Stiles 3515 147' Street, Rosemount, stated he would be the first one in Rosemount to break the law because of the amount of kids and cars at his household. Chet Ellingson, 12568 Danbury Way, Rosemount stated the issue did not serve any purpose and that the ordinance could not be enforced. Les hasten, 15101 Danbury \Vay, Rosemount, stated that his neighbor requested that a tree line be placed on his property instead of a privacy fence. He requested that the City Council listen to the residents who feel strongly that the ordinance is wrong. He stated should the Council approve the ordinance there should be exceptions made for car collectors. 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Council Member DeBettignies stated that over 43 people complained at the first meeting and that the item was brought to the City Council to make a decision. Mayor Droste quoted information in a letter from Les Kasten that was sent subsequent to the July hearings. Mayor Droste understood why the neighbors were concerned about 20 cars being stored outside on Mr. Kasten's property. He reconunended the proposed 10 car lint adding that the City enforces the ordinance on a complaint driven basis. Council Member Sterner stated that properties located in R -1 could be regulated using the hard surface coverage or by a homeowners association. He only wanted to look at the rural residential areas. Council Member Shoe Corrigan stated that staff had been gathering information for several months. Years of enforcement and complaints have been brought to staff and it has been difficult to enforce with no ordinance in place. She added that the issue isn't whether you get to enjoy a lifestyle but to address the concerns of the residents that complain about the outdoor storage. She wanted to treat a trailer and a boat as one vehicle since they use the same amount of space. Council Member Baxter stated that based on the factors considered the 10 vehicle limit in rural is reasonable and 17 are too many. He stated it was a growth issue and the need to be more restrictive to protect people's property values and rights as you go forward. For the urban properties he wanted all Live cars parked outside to to be on hard surface. He supported the ordinance. Mayor Droste questioned Council Member Shoe Corrigan's suggestion about counting a single trailer with recreational vehicles on top as one item. Ms. Lindquist stated it was up to the Council. She noted that in her past experience in other cites that recreational vehicles were always counted individually. Discussion continued regarding a permit for six vehicles in the urban areas and whether it would be an administrative headache. It was decided to change the vehicle limit to six and forego using a permit. Council Member DeBettignies questioned the size of accessory buildings on rural properties Ms. Lindquist explained that there is a maximum allowed size for an accessory building although the size is also dependent upon the size of the principal structure. Council Member Shoe- Corrigan stated that while 10 vehicles in the rural areas may be low it was a start and she would like to review the ordinance in the future. Motion by Baxter. Second by DeBettignies. Motion to approve Ordinance Amendment with the change to 1-1.2. line 3 with the change to any residential property zoned RI, R1A, R2, R3 or R4 shall not exceed six (6) vehicles per dwelling unit. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan Nays: None. Motion carried. (Ordinance B -197) 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 9.a. SKB Interim Use Permit, Case 08 -18 -IUP Senior Planner Zweber summarized the background information as provided in the staff report. Ile stated that SKB was requesting a revision to their Interim Use Permit (IUP) to allow an expansion to their facility at 13425 Courthouse Boulevard from 112 acres of disposal area to 151 acres of disposal area. The proposal included an expansion in total disposal volume from about 15 million cubic yards to almost 27 [million cubic yards, representing a 73% increase, and also included an increase in the finish height of the landfill by 40 feet. Community Development Director Lindquist stated that the City Council along with SKB representatives have met to discuss changes to the Development Commitment and the Trust Fund documents. She stated that the Development Conmtimtent was modified to recognize that 50 °'0 of the funds going into the Trust fund will be given to the City starting in 2009, without being sent first to the Trust. The Commitment also notes that after the Trust Fund reaches $1,500,000 the City will receive all payments initially allocated to the Trust in the original agreement. The document also recognizes that this arrangement will be reviewed again in 2011. The Development Commitment is an attachment of the IUP and therefore by approval of the IUP, the City Council is approving the Development Commiunent. Ms. Lindquist further stated that the Trust Fund agreement has also been modified to reflect the changes discussed between SKB and the City. She stated the agreement must be approved by the Trust Board. Most of the changes in the Trust agreement were found within section 4. Use of the Trust. The section lays out how the Trust vi Il grow it's assets to $1,500,000 and will be able to distribute $62,000 annually. After 2011, the agreement does not allow any distribution to occur until the Trust has a value in excess of $1,500,000. Additionally, if there are excess fund,s they will be forwarded to the City. She added chat likewise if the Fund assets are in excess of $1,525,000 on December 31 on any given year (after 2(111), the excess will be forwarded to the City. The Fund documents also anticipate a ratchcting clown of the distributions between 2008 and 2011; going from $123,000 to $100,00(1 to $80,000. John Domke of SKB stated that the Trust Board met and discussed the proposed amendment language. He stated that the board passed the amendment unanimously with some minor verbiage changes that do not modify the intent of the document. Mayor Droste stated that the City had been working with SKB on the expansion and funding issue tier several months. Mr. Domke believed that staff and SKB were in agreement on all issues. Council Member Shoe- Corrigan questioned the standards for the building's exterior materials and if the standards were relaxed because it was on public right -of -way. Ms. Lindquist explained that the building was not on public right -of -way at this time but would be in the future. She stated that the Planning Commission recommended the relaxed standards of 40% masonry coverage with the rest in metal. Council Member Shoe- Corrigan preferred 100% masonry coverage on the northwest side. Mayor Droste commented that the building would not be seen from the highway. Mr. Zweber added that the building would not be seen from 140t Street or Highway 55. He pointed out that the property to the 1 1 north and west was owned by Flint Hills Mr. Zweber stated that a road would likely come south adjacent to the railroad tracks and that the building would be visible should Flint Hills develop its property. Rick O'Gara with SKB stated his concerns about whether or not a road would be built. He stated that SKB was acting on the project now and needed to build a large recycling facility. He stated that miring to put a large amount of masonry on the building would increase the costs. Mr. O'Gara believed the criteria was too restrictive when it would not be visible from the highway. Air. Zweber stated that staff did require tip -up panels. Ms. Lindquist stated that the only requirement when the building was approved was to go through site plan approval. She added that there were no building standards in the municipal waste zoning district. Mr. O'Gara stated that City staff did a thorough job on the expansion review. Council Member Baxter complimented staff on a good job sorting out the issues and the Planning Commission for doing the heavy lifting. He thanked SKB for dealing with waste in a safe and responsible manner. He added that the restructuring of the trust fund was done to benefit all the citizens and stated his support for the expansion. Mayor Droste echoed Council Member Baxter's statements about the safety mechanisms. He applauded the facility management and stated support of the expansion. Motion by DeBettignies. Second by Baxter. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Motion to adopt a resolution approving the interim use permit and attachments including the Development Commitment to SKB Environmental, Inc. for the operation of a waste facility. Motion to adopt a resolution issuing a negative declaration of need for an Environmental Impact Statement at the SKB industrial waste facility. Motion to approve the Notice of Wetland Conservation Act Decision /Findings and Conclusions. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motions carried. (Resolutions 2008 -85 and 2008 -86) ANNOUNCEMENTS Mayor Droste announced that Governor Pawlenty appointed Council Member Baxter to a judgeship in Le Sueur County. Mayor Droste stated the next regular City Council meeting would be held on October 21, 2008. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste second by Sterner the meeting was adjourned at 9:51 p.m. Respectfully Submitted, 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 7, 2008 Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 14, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was held on Tuesday, October 14 at 8:30 p.m. in the conference room at City Hall, 275 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies and Sterner in attendance. Council Member Shoe Corrigan was absent. Staff members also present included City Administrator Johnson, Finance Director May, City Clerk Domeier, City Engineer Btotzler, Community Development Director Lindquist, Assistant City Administrator Foster and Chief of Police Kalstabakken. DISCUSSION 2.A. Request for Shannon Parkway Redesign City Engineer Brotzler summarized the background information as provided in the staff report. Chuck Rickart with WSB Associates provided information on the existing conditions and the proposed alternatives for Shannon Parkway. Mr. Rickart recommended that the toad should not be altered. Council Member Sterner questioned the plans for sidewalks on both sides of Shannon Parkway. Mr. Brotzler replied that there was no date certain for the trail on the west side of Shannon Parkway. Mayor Droste stated that it would cost $25,000 to $50,000 to make the road three lanes. He questioned the cost to remove the existing striping. Mr. Brotzler explained the labor intensive costs to remove the striping. Mayor Droste questioned when the road \could be resurfaced. Mr. Brotzler stated that the road was not scheduled to be resurfaced to a date certain but it would be out over at least five years. Discussion ensued regarding the locations of the crash history provided in the staff report. Mr. Rickart stated that Shannon Parkway would not be any safer by changing the number of lanes. Mr. Brotzler added that no matter which design each one will have different issues. He also provided the history on thc feasibility of Shannon Parkway. Residents in attendance expressed concerns on the excessive travel speeds, pedestrian crossings and the three lane design on Shannon Parkway. Council Member Baxter questioned if three lanes would cause the traffic to slow down. Mr. Rickart replied no and provided information on similar situations in other cities. Ile added that the width of a road is still the same with the road along the edge. The road would not be narrowed. Mr. Brotzler stated that if the speed limit were lowered a speeding ticket could be thrown out because the state authorizes the limit. He noted that state statute was very specific on the authority a city is given to establish speed limits. Installing additional stop signs was within the City's purview. Discussion was held regarding the use of an electronic speed sign and if the device would cause traffic to slow down. Police Chief Kalstabakken provided more information about the traffic stops over the past few weeks. He added that with the electronic speed signs the shock factor would wear off. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 14, 2008 Council Member Baxter supported re- striping the road when the time comes but did not support spending the funds at this time. It was decided that the City Council would have further discussion about the Shannon Parkway configuration and the allocation of money to do something sooner when re- striping the road. 2.B. 2009 Budget Discussion Finance Director May requested feedback on the proposed budget and draft CIP for 2009. He explained the levy amount and tax rate as outlined in the staff report. The total levy was increasing at less than one percent. Discussion ensued regarding the local tax rate comparisons. Mr. May explained that staff factored in losing the market value homestead credit for 2009. The City Council did not have any changes to the proposed budget. 2.C. Special Assessment Overview 2008 Street Improvements Project, City Project #418 City Engineer Brotzler sununarized the project as outlined in the staff report. He provided more information about the proposed assessments and assessment methodology. He noted that the sidewalk improvements included in the project were completed with City sidewalk funds and were not assessed or included in the assessment costs. Mr. Brotzler stated that the assessments were 36°: less than estimated. Cotntnuniry Development Director Lindquist stated that CDBG funding would be available for the income eligible to cover the assessment. She stated that the CDA would administer the program. Mr. Brotzler added that the CDBC; information was provided to the property owners. Mr. Brotzler stated that the public hearing would be held on October 21. 2.D. Cellular Telephone and Smartphone Usage Policy Assistant City Administrator Foster stated the proposed policy was an update to the existing policy related to cellular telephone and smart usage and incorporated an allowance program. The City Council was in agreement with the proposed policy. Ms. Foster stated the item would be considered at the October 21 regular meeting. UPDATES Denver tours Discussion was held regarding the trip to Denver, Colorado with the University of Minnesota to tour massive redevelopment areas that are comparable to the UMore property. The event will take place from November 16 -18. The regular meeting scheduled for November 18 would be rescheduled to November 19. Beyond the Yellow Ribbon Mayor Droste provided information about the program which educates citizens on issues National Guard members face when remming from Iraq. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL WORK SESSION PROCEEDINGS OCTOBER 14, 2008 ADJOURMENT There bring no further business to come before the City Council and upon a motion by Droste, second by Sterner, the meeting was adjourned at 10:30 p.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 held on Tuesday, October 21, 2008 at 7:311 p.m. in the Council Chambers at City Hall, 2875 145' Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe Corrigan and Sterner in attendance. Staff members present included City Administrator Johnson, Community Development Director Lindquist, City Engineer Brotzler, Finance Director May, Communications Coordinator Cox, Parks and Recreation Director Schultz, Police Chief Kalstabakken, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City _Administrator Johnson stated that additional information was provided for item 6.b. Charitable Gambling Premise Permit Climb Theatre, Inc. Motion by Droste. Second by Baxter. Motion to adopt the Agenda as it stands. Ayes: 5 Nays: 0. Motion carried. Motion by Droste. Second by Sterner ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 21, 2008 DEPARTMENTAL REPORTS /BUSINESS 3.a. Commendations for Attainment of Eagle Scout Rank Mayor Droste presented Arthur Kaye, David Tapper, Andrew Rome and William Wilson v,ith certificates for their attainment of Eagle Scout Rank. 3.b. City Sponsorship of "Beyond the Yellow Ribbon" Event Mayor Droste provided information about the sponsorship of the event that will be held on Thursday, December 4 at United Methodist Church in Rosemount. Motion to Approve City Sponsorship of `Beyond the Yellow Ribbon" Event. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: 0. Motion carried. 3.c. Receipt of Donation Community Development Director Lindquist stated that SKB Environmental has offered the City a donation that will assist in installation of athletic facilities. She stated that SKB sent a letter indicating it was pleased to donate up to $200,000 worth of in -kind earthwork or construction for capital improvements to benefit the community. Mayor Droste provided more information about the SICB Trust Board and Fund. He added that SKB has always been involved in sponsoring community events. Rick O'Gara with 51<3 stated the company was pleased to provide for more capital improvements to the City. 1 1 1 Motion by DeBettignies. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 21, 2008 Motion to receive a donation of site grading work up to $200,000 from SKB Environmental. Council Member Shoe- Corrigan thanked SKB for their generosity to the community. 3.d. Special Event Update Parks and Recreation Director Schultz stated the 2008 Haunted Woods Trail scheduled for October 25. Mike Bouchard, a representative from the event committee, provide an update on the events this year. RESPONSE TO PUBLIC COMMENT 5.a. Quiet Zone Update City Engineer Brotzler responded to an inquiry on October 7 regarding train noise and outlined the ongoing process and current status for potential improvements to roadway -rail crossings within the City as required for the establishment of a 24 -hour Quiet Zone. Mayor Droste provided information about the crossing guards at the railroad crossings. CONSENT AGENDA Council Member Sterner pulled item 6.b. Charitable Gambling Premise Permit Climb Theatre, Inc. Motion to approve the Consent Agenda with the removal of item 6.b. a. Bills Listing b. ChatitablcCam Llit ..u. Rr..e�— E &lMjTIl tza,L. c. Cellular Telephone and Srnartphone Usage Policy d. Personal Leave of Absence for Firefighter e. St. Joseph School Project Approve the Issuance and Sale of an Educational Facilities Revenue Note (Resolution 2008 -87) f. Application by Danner, Inc. to Renew the 2009 Mineral Extraction Permit Including a Moditicauon to the Grading and Reclamation Plan (08- 27 -ME) g. Application from Minnova, LLC for a Lot Split Subdividing Their Existing 134.48 Acre Property into 57.87 Acre Parcel and a 76.61 Acre Parcel (Resolution 2008 -88) h. Request by Dakota County to Determine the Method of Conveyance of a Tax Forfeit Property (Resolution 2008 -89) i. Application from Keyland Homes for a Motor PUD Amendment Adding Two New Horne Products to the Rosewood Village Neighborhood (Resolution 2008- 90) j. Addendum to Purchase Agreement 14125 Akron Avenue- County Road 73 Improvements, City Project #399 1 1 1 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 21, 2008 k. Lease Agreement 14125 Akron Avenue, County Road 73 Improvements, City Project #399 1. Right -of -Entry for 14105 Akron Avenue Property-, City Project #399 m. Adelmann Purchase Agreement County Road 73, City Project #399 n. Declaration of Surplus Property o. _Authorization Of Buffer Zone Protection Program Grant Agreement p. 2009 Waste Abatement Community Funding _Application (Resolution 2008 -92) 6.b. Charitable Gambling Premise Permit Climb Theatre, Inc. Council Member Sterner requested more information about the organization. Laurie Glucsing provided information on events booked out for the next four months in the trade area. She stated that CLIMB Theatre was an educational theatre that goes to school to talk to students about various issues including bullying. She stated that the organization has been around for many years. Motion by Sterner Second by Shoe Corrigan. MOTION Motion to adopt the draft Resolution approving the Charitable Gambling Premise Permit for CLIMB Theatre, Inc. at AMF City Limits Lanes, 15400 South Robert Trail in Rosemount effective upon State review and effective through February 28, 2010. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. Resolution 2(108 93) PUBLIC HEARINGS 7.a. Assessment Hearing 2008 Street Improvements Project, City Project #418 City Engineer Brotzler provided information about the project improvements and project cots and Funding. The project included rehabilitation of streets as well as construction of new concrete sidewalks. He noted that the sidewalk improvements were included with the street improvements project in accordance with the Trail and Sidewalk Plan adopted by the City Council. All costs associated with the sidewalk unprovements were funded by the City's Pedestrian Facility bvprovement fund and were not included in the assessment calculations. Mr. Brotzler also provided information on the remaining work and project schedule. Mr. Brotzler stated that staff worked with Dakota County Development Agency (CDA) to make Federal Community Development Block Grant Program (CDBG) funds available to qualifying property owners to pay all or part of the assessments. CDA contact information has been provided to the property owners. He added that to date, the CDA has received 19 applications for funding related to the project. Mayor Droste opened the Public Heating. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 1 1 1 Nays: 0. Motion carried. Council Member Shoe- Corrigan requested that Mr. Brotzler share why the project costs were lower than budgeted. ivlr. Brotzler explained that with the state of the economy more contractors are competitively bidding on projects. The City was able to capitalize on the savings. 1-le added that the 36' decrease in costs resulted in a 51,200 /unit assessment savings to the residents. Motion by Shoe- Corrigan. Second by Baxter. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS OCTOBER 21, 2008 Motion to Adopt a Resolution Adopting the Assessment Roll for the 2008 Street Improvements Project, City Project #418. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Abstain: Sterner. Motion carried. (Resolution 2008 -94) ANNOUNCEMENTS Mayor Droste stated that the next City Council meeting will be held on Wednesday, November 5. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Sterner, the meeting was adjourned at 8:36 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 5, 2008 CALL TO ORDER Pursuant to due call and notice there of a special meeting of the Rosemount City Council was held on Wednesday, November 5, 2008 at 7:15 p.m. in the Council Chatnbers at City Hall, 2875 145i Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Staff members present included City Clerk Domeier, Police Chief Kalstabakken and City Administrator Johnson. NEW BUSINESS 2.a. Canvass of the November 4, 2008 Election Returns City Clerk Domeier stated that the City Council serves as the canvassing board for city elections. A spreadsheet including the return information of the November 4 General Election was provided for examination M declaring the results at the meeting. Jeff Weisensel and Kurt Bills received the most votes at the polls. Motion by Sterner. Second by Shoe- Corrigan. Motion to declare the results of the April 22, 2008 Special Election Returns. Ayes: 5 Nays: 0. Motion carried. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, Second by Sterner, the meeting was adjourned at 7:19 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 5, 2008 CALL TO ORDER Pursuant to due call and notice thereof a special meeting of the Rosemount City Council was held on Wednesday, November 5, 2008 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145t Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Sterner and Baxter in attendance. Staff members present included Chief of Police Kalstabakken, City Administrator Johnson, City Clerk Domeier, Director of Parks and Recreation Schultz and City Attorney LeFevere. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnsons stated that the applicant for item 6.g. An application from U.S. Homes for a 1\Lnor PUD Amendment Adding a New Home Product to the Evermoor Glendalough Neighborhood, Case 08- 41 -AMD requested that it be removed from the agenda. He added a new business item for receiving the official resignation of Council Member Baxter. Motion by Droste. Second by DeBettignies. Motion to adopt the agenda with item 6.g being pulled and addition of 9.a. Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda a. -f. and h. a. Bills Listing b. 2008 Croy Council Meeting Schedule c. Charitable Gambling Premise Permit RAHA (Resolution 2008 d. Expenditure Approval from the Donation Account Parks Recreation Dept. e. Lease Agreement with the Community .Action Council fro the Family Resource Center f. Criminal Justice Data Network Agreement g. A., a from U.S. I I mc. for a d.6... PUD 1Line oduct to ti.c E..,.. Cl.udol u N.,i d, Caac 08 11 ARID h. Authorize Magellan Pipeline Agreement Meadows Park, City Project #387 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter Nays: None. Motion carried. OLD BUSINESS 8.a. Liquor Violation Rosemount Liquor License Hearing Police Chief Kalstabakken provided background on the process of the liquor license violation. He reviewed the penalty recommendations from the hearing officer and the staff 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 5, 2008 as well as the penalties for previous violations for Rosemount Liquor. The proposal for Rosemount Liquor was twofold: 1) pay a $1,500 civil tine with a 21 day suspension and if a software was purchased serve a five day consecutive suspension but the remaining day would be stayed for 24 months or if the software was not purchased Rosemount Liquor would serve a 10 day suspension. Mr. Kalstabakken asked the City Council to recommend a penalty to impose moving forward. He added that the specifics of the penalty could be detailed in a resolution depending upon the complexity of the outcome. Council Metnber Sterner questioned the purpose of using a hearing officer and what the normal protocol was for liquor violation hearings. Mr. Kalstabakken replied that the hearing examiner conducts a hearing and recommends an outcome. He added that for this case the findings of fact were not disputed but determining the appropriate penalty was the issue. He made it clear that the City was not bound to the decision made by the hearing examiner. Steve Gawron, the attorney representing Rosemount Liquor, stated the owners were hoping to find a resolution both sides agree on. He added that the City Council made the decision to have the [natter heard by a hearing officer. It was his belief that the findings of the neutral arbitrator should be accepted as presented. He thought the most appropriate punishment was that the store be required to purchase an age identifying software. He stated that owners would obtain the software within six months and would pay the $1,500 fine without question. He noted that the arbitrator found the most effective way to use the suspension was to have it hanging over the business for two years. Council Member DeBettignies stated that the City has the authority to impose civil penalties for each violation. He added that Rosemount Liquor needed to take ownership as they have broken the law by serving to minors. Mr. Gawron stated that the arbitrator listened to all facts and found a reasonable resolution. He added that now a owner is present at the business at all times. Council Member Baxter questioned how the City Council could justify a lower penalty for a third violation for non compliance then what was agreed to for a second offense. Mr. Gawron stated thought the reason the arbitrator came to his conclusion for the penalty was because Rosemount Liquor was serving more than the normal in 14-16 communities. He stared that the average was seven days of closure for a second offense but that Rosemount Liquor was closed 21 days for the third offense. Council Member Baxter stated that the mitigating factor was the penalty and it was contrary to what we think of criminal violations. He did not think the findings supported the conclusions of law. Mfr. Gawron stated that everyone agreed to the findings of fact but the actual issue was whether or not it was reasonable to get another pound of flesh from the owners who already served a stricter sentence. He thought Rosemount Liquor had already been punished enough. Council Member Sterner questioned what has changed at the store to ensure it a violation would not happen again. Mr. Gawron stated that one of the owners is on -site at all times. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 5, 2008 He added that a policy was instituted where every person is now carded despite customer's appearance or how often they frequent the business. Mayor Droste stated it was extremely hard as an elected official to consider the penalty after the short amount of time from the last failure. He stated that with the recommendation of software if there were a network problem the system could be overridden. Mr. Kalstabakken stated that any system could be circumvented. Ivlr. Gawron agreed that there may be some type of override. Council Member Shoe- Corrigan pointed out that when comparing Rosemount to neighboring cities that most of those cities have municipal liquor. She added that she could be flexible on serving the suspension as the City had been flexible in the past. Sean Schumacher, an owner of Rosemount Liquor, stated that he never would have moved the business to the new location if not for the previous suspension. Council Member Shoe Corrigan stated that the City Council uses its right to impose penalties based upon community standards. She noted that no other business in town had been before the City Council with this many compliance check failures. Ivfr. Kalstabakken added that the liquor code has always been available to the owners but that the code did not include a penalr matrix. He added that the histon- of this issue has been established and used in determining the penalties moving forward. Council Member Shoe- Corrigan stated that while the City Council wants to support local businesses they do have a standard on underage drinking. She wanted the message to be clear that the City was not going to tolerate selling to underage drinkers. She wanted to see Rosemount Liquor serve a five day suspension with 16 days stayed over a 24 month period. Council Member Baxter was uncomfortable with the computer software recommendation because he was not sure it would work. He thought that compliance to not selling to minors should come from the diligence of the business owners. He suggested that the owner serve an immediate non consecutive 10 day suspension and to hold 21 days over the business for two years. He wanted the business to know how serious the City Council viewed the violations. City Attorney LeFevere stated the penalties should be established now and the City Council should determine the penalty should the software not be installed in six month. Council Member Shoe- Corrigan stated that Rosemount Liquor should then serve the 16 day penalty in addition to no violation within 24 months. Council Member Sterner favored going forward with the hearing officer's recommendation. Council Member Shoe- Corrigan questioned why the City Council would make the penalties for a third violation less than those for the second violation. Mr. Kalstabakken stated that the hearing officer's proposed penalty was inconsistent with the City's past third violation penalties. Council Member Shoe-Corrigan stated the business should want to install the software not because of the requirement but because it would be best practice. She was willing to tie the software requirement to the number of days served. Mr. Schumacher addressed the City Council again and stated he has taken over the day to day duties of the operation. He added that they closed in 11 days in May which has caused 1 1 1 financial problems including being behind on rent payments. Discussion was held regarding the serving of the suspension and whether it would be consecutive days. Council Member DeBettignies summarized the discussion to include the business paying a $1,500 civil tine with a 21 days suspension with six days being served Monday through Wednesday starting October 10. Fie added that 15 days would be stayed but would be served consecutively if a violation occurred again in 34 months. He added that the owners would install software within six months and have a polio in place to card all customers. Mr. Kalstabakken stated that the fully integrated point of sale software that requires the card to be swiped should be approved by the Chief of Police or his designee. Discussion was held regarding delaying the item to the November 19 meeting so that all the conditions could be adopted in resolution. Mr. Schumacher requested that the suspension be served in January to allow the business time to catch up with the back rent owed on the leased space. The City Council was in agreement to have the suspension start in January, 2009. Motion by DeBettignies. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 5, 2008 Motion to direct staff to prepare a resolution on the liquor violation for Rosemount Liquor for the November 19 presentation at City Council meeting. 9.a. Resignation of Mike Baxter Council Member Baxter announcement his resignation from the Rosemount City Council effective November 6 because of his appointment to serve on the First Judicial bench in Le Sueur County. He stated he enjoyed the work and found representing the citizens to be a tremendous honor. He added that the City staff is talented, hardworking and followed the City Council goals. Council Member Baxter acknowledged the hard work and dedication of the following staff members: Kim Lindquist, Andy Brotzler, Dan Schultz, Jeff May, Alan Cox, Scott Aker, Gary Kalstabakken, Rick Cook, Dwiglu Johnson, Amy Domeier and Charlie LeFevere. Council Member Baxter highlighted the big projects he took part in as a City Council and Port Authority member. He also paid tribute to Mayor Droste and fellow Council Members. Mayor Droste congratulated Council Member Sterner on winning the State Representative 37B seat during the election. He added that a public reception would be held to honor Council Members Baxter and Sterner in the very near future. He commended Council Member Baxter for his many years of service. Motion by Shoe- Corrigan. Second by Sterner. 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 5, 2008 Motion to accept the official resignation of Mike Baxter from the Rosemount City Council effective November 6, 2008. Ayes: Droste, Sterner, DeBettignies, Shoe Corrigan Nays: None. Abstain: Baxter. Motion carried. ANNOUNCEMENTS Mayor Droste stated that the next City Council meeting would be held on November 19, 2008. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, Second by Sterner, the meeting was adjourned at 9:23 p.m. Respectfully submitted, Amy Domeier, City Clerk 1 CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 12, 2008 CALL TO ORDER Pursuant to due call and notice thereof, a special work session of the Rosemount City Council was duly held on November 12, 2008, at 6:32p.m. in the Conference Room at City Hall, 2875 145 Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan and Sterner attending. Staff members present included City Administrator Johnson, Director of Parks and Recreation Schultz, Police Lieutenant Ericson, Assistant City Administrator Foster, and Recording Secretary Hanson. City Engineer Brotzler arrived later. Also present were Council members -elect Kurt Bills and Jeff WW'eissensel. DISCUSSION 2.A. Senior Adult Services Listening Sessions Parks and Recreation Director Schultz reviewed the Listening Sessions Report and discussed the four recommendations of the report: 1) consider increasing staff time allocated to serving the senior group; 2) explore opportunities for partnering with other organizations; 3) utilize the Dakota County initiative "Living Longer and Stronger in Dakota County" for resources; and 4) should the Gin: decide to pursue the matter of a Senior Center further. Council member Shoe Corrigan asked what percentage of the City's population is aged 55 and over. Mr. Schultz replied that about 11 of the total population based on 2000 census data. Mayor Droste reviewed common practices with seniors with respect to the Community Center. He then asked if anyone from the Cin• was involved with Dakota County program's "Living Longer Living Stronger Mr. Schultz replied that he is and Lacelle Cordes from the Parks and Recreation Department attends the meetings that have to do with recreation and leisure activities. Mayor Droste stated that he has attended meetings at Dakota County and Rosemount seniors are not usually represented. Council member Shoe Corrigan mentioned that DARTS provides transportation for seniors to Target on certain days, but Mayor Droste responded that he has received complaints regarding DARTS requiring a three day notice for scheduling. Council member Sterner stated he has spoken with DARTS and they are trying to start a program to better facilitate seniors. Mr. Schultz stated he will be meeting with a Senior Programming group to see what their future plans are. Staff will also be meeting with Community Ed and Health East. City Administrator Johnson stated that if the City wishes to improve services for seniors, additional staffing may be needed in the future.. With respect to other resources, Council member DeBettignies suggested checking with churches, and teens may also have a good insight as what seniors need because they speak to their grandparents. Council member -elect Bills con that seniors may need assistance in February when TVs switch to digital. He also mentioned the option of seniors volunteering at the schools. 1 1 1 CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 12, 2008 Mayor Droste instructed staff to have another update on this item in December and the Council will add this item to their goal setting session. 2.B. Safe Routes to School Grant Program City Engineer Brotzler requested Council comments on the Safe Routes to School grant applications and proposed projects included within. Council member Shoe Corrigan stated the application that included Rosemount Elementary did not include the correct number of crossings and wondered why there were not any improvements planned for Chili Avenue north of 145' and at Cameo and 143` Mayor Droste stated that the City can only stay within the grant application amount. Council member Shoe- Corrigan rephed that she had talked to the principals of the schools extensively and those areas need more attention. She stated both Rosemount Elementary Principal Idstrom and Red Pine Elementary Principal Anger wanted to be present at this meeting and they should have been invited. She explained on the map where additional crosswalks should be implemented. Mr. Brotzler stated he sent a letter to ISD 196 Superuntendent Currie explaining what the City was planning on doing and that Mr. Currie responded in general of his support. However, Mr. Brotzler stated that the information Council member Shoe- Corrigan had sent to the Mayor, City Administrator and Police Chief had not been forwarded to him. Mayor Droste stated that he understood the point Council member Shoe Corrigan was making about Rosemount Elementary but that the current application needed to be approved at the next City Council meeting and could not he delayed. Council member Shoe Corrigan replied that she did not advocate or intend to delay the submission of the grant. She also stated that the additional unprovements around Rosemount Elementary should be completed outside of the grant funds and the necessary funds will have to be retrieved elsewhere. It was agreed that the application as it currently was prepared will go to the City Council meeting for approval on November 19, 2008. 2.C. Tobacco Free Parks Parks and Recreation Director Schultz requested the Council to discuss this topic and provide direction to staff regarding tobacco use in city parks. Pat Steig and Mary Montagne from the Dakota County Public Health Department were also present. Council member Shoe Corrigan asked what type of enforcement and infrastructure would be used. Mr. Schultz replied that only signs would be used and it would be a self- policing type of enforcement. Staff would not be passing an ordinance, only a written policy. Council member Sterner expressed concern with restricting smoking when there is an adult tournament at the park, especially Erickson Park. Council member DeBetugnies expressed concern with discriminating against people who smoked and wondered where the City would draw the line on future requests for more restrictions. Council member -elect \k'eisensel stated his opinion that an ordinance will he requested by residents in the future. 1 1 1 CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 12, 2008 Mr. Pat Steig spoke of other similar policies in effect in Dakota County and stated his recommendation for the Cite to go forward with a policy. He further stated that if the City of Rosemount creates a police, Dakota County will pay for the signs advertising the restriction. It was mentioned that the policy should be kept as simple as possible to avoid confusion. Council member Sterner stated that the policy makes sense but would like it to focus more on youth events and playgrounds Lather than Erickson Park when adult leagues are in place. 2.D. Social Host Ordinance Proposal Police Lieutenant Ericson explained to the Council the issue of underage parties taking place and the question of who is actually responsible for the party. The Social Host Ordinance would state that a parent or other adult could be held responsible for a party taking place that consisted of underage drinking. Lt. Ericson asked Council for further direction of whether or not the City should move forward with the ordinance. Mayor Droste asked whether or not a parent is still responsible if they are out of town and have no knowledge of the party. Lt. Ericson replied that the adult person would need to have a knowledge of the party and knowledge that alcohol was served in order to be held liable. He further stated that it would have to be proved the adults knew of the parry or they could not be charged. Council member DeBettignies expressed his concern with Rosemount youths simply leaving Rosemount for another community that does not have this ordinance in place. Lt. Ericson stated that eventually, this type of ordinance could become a state law if enough communities enforce it. There was unanimous agreement among the Council to move forward with the ordinance. 2.E. Filling City Council Vacancy Cite Administrator Johnson stated that as a result of Council member Baxter's recent resignation, there is a vacancy on the Council for the next two months. He stated the Council has the ability to appoint someone to fill the vacancy until the members -elect take their positions. However, he stated that with so few remaining meetings on the calendar, there is not enough time to go through a normal selection process and he did not see any unusual circumstances arising on the next several agendas that would require the vacancy to be filled.. It was agreed among the Council members that filling the vacancy is not necessary with amount of time remaining in the year and that no resolution is needed to finalize the decision. UPDATES Ciry Administrator Johnson distributed a memo prepared by staff regarding the 3M contaminated soil being brought to SKB. 1 1 1 CITY OF ROSEMOUNT SPECIAL WORK SESSION PROCEEDINGS NOVEMBER 12, 2008 Mr. Johnson also mentioned the approval of the capital improvement program will be on the City Council agenda at next week's meeting with changes in the Akron Road funding. Mr. Johnson stated that MnDot has been asking for short term projects to possibly fund through grant opportunities and the Akron Avenue project would be one option. The Highway 3 projects would be another option. Mr. Johnson stated that on the next City Council agenda will be a grant the City is applying for from the Dakota County CDA for improvement to the sidewalk area between City Hall and the Post Office along 145' street. He stated staff inspected the area recently and found that some cracks may be hazardous. The grant will also include improvement to the light poles and benches in the same area. Mr. Johnson stared that he received a letter from the City Attorney informing the City that they are nncreasung thew fees by approximately -4° -b. He further stated that apparently the Ciry does not have a contract with them but that is not unusual. Council member Sterner suggested submitting bids for other options. Mayor Droste stated it may be a good time after the first of the year to look at this issue since the Council will have two new members. He also stated another contract to review will be the WSB contract. Mr. Johnson mentioned that the Council has never adopted rules of procedures for meetings which also may be looked at after the first of the year. Mayor Droste mentioned the Metro Cities Regional Meeting is next Friday, November 21, 2008. One resident was present at the meeting and when asked if he had any specific issues to discuss with the Council, he replied that several parents he knows have concerns with the front entrance to the new ice rink in the old Knowlans building. He stated that there is no barricade outside preventing a vehicle from going through the front. Mayor Droste stated that the property is private property and that issue would have to be brought to the owner's attention; the City would have no jurisdiction. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste made a motion to adjourn the meeting, second by Sterner. The meeting was adjourned at 8:58. Respectfully Submitted, Kathie Hanson, Recording Secretary 1 1 1 ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 19, 2008 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, Novetnber 19, 2008 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan and Sterner in attendance. Staff members present included City Engineer Brotzler, Community Development Director Lindquist, Chief of Police Kalstabakkcn, City Administrator Johnson, City Clerk Domeier, Communications Coordinator Cox, Assistant City Adtninisttator Foster and Director of Parks and Recreation Schultz. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson requested that item 6.j. Addendum to Purchase Agreement 14145 Akron Avenue, County Road 73 Improvements, City Project #399 be pulled from the agenda to discuss at a future meeting. He added that resolution for item 6.k. Resolution Imposing Civil Penalty on PCS Liquors, LLC, d /b /a Rosemount Liquors Mart was revised to allow Rosemount Liquor 30 days to pay the civil fine. Motion by Droste. Second by Sterner. Motion to adopt the agenda with the removal of item 6.j. and the modification to the resolution for 6.k. Ayes: 4 Nays:O. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Commendation of State Championship for Rosemount High School Marching Band Mayor Droste award commendations to band director Steve Olsen and his colleagues Leon Sieve and John Theisen, and drum majors Karen Lamb, Nick Pranke and Luke Schofield from the championship band. CONSENT AGENDA Motion by DeBettignies. Second by Shoe Corrigan. Motion to approve the Consent Agenda with the removal of item 6.j. and the additional of the information put before us for item 6.k. a. Bills Listing b. Expenditure Approval from the Donation Account —Parks Recreation Dept. c. Accept Tort Liability Insurance Limits d. Non -Union Wage Benefits Adjustments for 2009 e. 101 Year Capital Improvement Plan (CIP) Working Program f. Receive Donation Fire Department g. Expenditure from Donation Account for the Fire Department h. Mutual Police Assistance Agreement for Enforcement of Traffic Safety Laws 1 1 1 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 19, 2008 i. Final Payment #2 CSAFI 38 /Shannon Parkway Turn Lanes, City Project #424 j. Addct.d,..c, to Pu chaac 1 1 1 15 Alt. n A..... C u..h R d 73 It..prove../el.ta, Citj Ptc.jcrt !t 399 k. Resolution Imposing Civil Penalty' on PCS Liquors, LLC, d /b /a Rosemount Liquors Mart (Resolution 2008 -96) 1. Authorization for Payment to Move Building at 14105 Akron Avenue NEW BUSINESS 9.a. Authorization to Submit an Application to the Dakota County Community Development Agency Redevelopment Incentive Grant Community Development Director Lindquist stated that staff prepared an application to the CDA for the Redevelopment Incentive Grant co pay for the renovation of the 145` Street West streetscape from the City Hall to Cameo Avenue in Downtown. The funds will be used to update and expand the planting areas, replacee missing trees and the install new trees to ensure uniformity and improve the aesthetic quality of the Downtown area. Segments of the sidewalk, based upon recent review, will be replaced to improve safety and encourage good pedestrian access. She added that staff planned to use SKB landscape funds for the City required grant match. Council Member Shoe- Corrigan encouraged residents to walk in the Downtown area to observe that the sidewalks and planters that need to be replaced. Motion by Sterner. Second by DeBettignies. Motion to adopt a Resolution approving the Submittal of the 145 Street West Streetscape for the Dakota County Community' Development Agency Redevelopment Incentive Grant. Ayes: Shoe Corrigan, Droste, Sterner, DeBettignies Nays: None. Motion carried. (Resolution 2008 -97) 9.b. Safe Routes to School Grant Application Ciry Lngineer Brotzler stated that City staff and members of the City Council have reviewed the Safe Routes to School grant application. He provided information on the proposed infrastructure and non infrastructure improvements that were part of the application. He stated that in addition to the submittal of the application, staff will continue working with the School District to evaluate the pedestrian and vehicle traffic near the Rosemount Elementary and Middle schools. Mayor Droste stated the issue of safety around the schools is one where City Council receives complaints throughout the school year. Motion by Shoe Corrigan. Second by Sterner. 1 1 1 Ayes: Droste, Sterner, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 2008 -98) ROSEMOUNT CITY COUNCIL SPECIAL MEETING PROCEEDINGS NOVEMBER 19, 2008 Motion to approve the Resolution for the Safe Routes to School Grant Application. ANNOUNCEMENTS Mayor Droste stated that the next City Council meeting will be held on Tuesday, December 2, 2008. ADJOURNMENT There being no further business w come before the City Council and upon a motion by Droste, second by Sterner, the meeting was adjourned at 8:07 p.m. Respectfully Submitted, Amy Domeier, City Clerk 1 1 1 ROSEMOUNT CITY COUNCIL 2009 BUDGET PUBLIC HEARING DECEMBER 1, 2008 CALL TO ORDER Pursuant to due call and notice thereof the 2009 Budget Public Hearing was held on December 1, 2008 at 6:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies and Sterner in attendance. Council Member Shoe- Corrigan was absent. Staff members present included Finance Director May, City Administrator Johnson, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. 2009 BUDGET AND LEVY PRESENTATION Finance Director May stated die meeting was being held to comply with the Truth -in- Taxation requirements that call for the Cin. to hold a special budget hearing for the public that allows residents to speak on the 2009 budgets and levies. He added that technically the hearing was not required because of the small increase in the overall levy but that the City Council and staff felt that the hearing should still be held for the benefit of the citizens. He explained the process for the public hearing and adopting the budget. If the public hearing was not closed it would be continued to Monday, December 8. Mr. May used a power point presentation to explain the budget schedule, tax capacity rates, operating budget and other funding requirements that were included in the proposed 2009 budget and levies. Council Member Sterner stated the City debt was fairly constant over the years and questioned if it would go down over the next five to 10 years. Mr. May explained the different types of City debt noting that the overall debt actually went down in the past few years. Mayor Droste questioned the City's insurance. Mr. May stated that the City receives its insurance through the league and that the rates are exceptional because of the pooled group. Mayor Droste also questioned the debt on the Armory. Mr. NIay explained the debt involved with the facility. He stated that part of the debt on the Armory will be paid off in 2009 and the rest of the debt will be levied until 2018. Mayor Droste questioned the projected growth. Mr. May stated that it was anticipated that the Met Council would project growth between 2.9 and 3.1" o for next year. Mayor Droste questioned the operating budget increase for fleet maintenance. Mr. May responded that the 14.31% increase was attributable to the fuel cots for the City's fleet. He stated that staff anticipated an increase in the cost of fuel and noted that there may be savings however there was no guarantee the gas and diesel would stay at the current prices. Council Member DeBectignies stated that the City Council worked very hard with staff to tighten our belts to prepare for these tough economic times. He added that the City was fortunate to plan without having to eliminate any of the services offered in the past. 1 1 1 PUBLIC COMMENT Mayor Droste opened the Public Hearing. Paul Scarpari, 12700 Dodd Boulevard, Rosemount, questioned the I O° o increase to his property taxes. He also questioned why his taxes continue to rise when the newspapers and City staff claim there is a decrease. Mr. Scarpari also expressed concerns with the City's watering and fertilizing of parks and the types of trucks used by the Public Works Department. Mr. May explained that the amount a resident pays in taxes is based solely on the value of their home. The County determines the value of all homes. He stated reasons for an increase could be caused by any changes made to the home. He further stated that another reason for a larger increase could be because of the cap that was in place for the limited market value rule. Mr. May continued to explain that the home values for 2010 will be sent to property owner is starch. Information on how to appeal the proposed value is provided on the post card. Mr. May stated that he would contact the County Assessor to find out the reason for the increase on sir. Scarpari's property and reiterated that the City does not set the home values. Kathy Trimble, 4091 143' Street West, Rosemount, stated that she o' is three Tots in Harmony \Tillage and that based upon information received tonight realized she should have paid attention to the post card sent in March. Ms. Trimble explained that the taxes on the Ion increased be 43.9 /o. She questioned the tax increment tax. Mr. May stated that the lots are part of the Downtown /Brockway TIF District. He explained that the total amount of the tax bill would he the same whether or not the lots were in a TIF district bit that the difference is how the taxes are proportioned. Motion by Droste Second by Second Motion to close the Public Hearing. Ayes: 3 Nays: 0. Absent: Shoe Corrigan. Motion carried. ROSEMOUNT CITY COUNCIL 2009 BUDGET PUBLIC HEARING DECEMBER 1, 2008 ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by 7:35, the meeting was adjourned at 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 held on Tuesday, December 2, 2008 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street \Vest, Rosemount. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies and Shoe- Corrigan present. Staff members in attendance included Chief of Police ICalstabakken, Police Lieutenant Ericson, Finance Director May, City Administrator Johnson, Communications Coordinator Cox, Director of Parks and Recreation Schultz, Fire Chief Aker, Assistant City Administrator Foster, Planner Lindahl, City Attorney LeFevere and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA Motion by Droste. Second by DeBettignies. Motion to Adopt the Agenda as it stands. Ayes: 4 Nays: 0. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 3.a. Commendation of Rep. Dennis Ozment Mayor Droste presented Dennis Ozment with a plaque commending him for his twenty- four years of representation of Rosemount in the Minnesota House of Representatives. CONSENT AGENDA Motion by DeBettignies Second by Shoe Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 2, 2008 Motion to approve the Consent Agenda as presented. a. Minutes of the October 7, 2008 City Council Meeting Proceedings b. Minutes of the October 14, 2008 City Council Special Work Session Proceedings c. Minutes of the October 21, 2008 City Council hleeting Proceedings d. Minutes of the November 5, 201)8 Special City Council Meeting Proceedings (1) e. Minutes of the November 5, 2008 Special City Council Meeting Proceedings (2) f. Minutes of the November 19, 2008 City Council Special Meeting Proceedings g. Bills Listing h. 2009 Liquor License Renewals 1. Fire Department Personnel Policy j. Tree City USA Recertification k. Award Service Contract Parks Recreation Dept. 1. Community Center/Armory Lease Agreement m. Expenditure Approval from the Donation Account —Parks Recreation Dept. n. Adoption of Dakota County All- I- Iazard Mlitigation Plan (Resolution 2008 -99) o. An application from U.S. Homes for a Minor PUD Amendment Adding a New Home Product to the Evert oor Glendalnugh Neighborhood, Case 08 -41 -.AMID (Resolution 2008 -100) 1 Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner Nays: None. Motion carried. NEW BUSINESS 9.a. Approval of 2009 Budget: Setting 2009 Budget and Levies Finance Director May stated that by bringing the resolutions before the City Council the City would meet the last part of the Truth -in- Taxation requirements that stipulate that all levies and budgets must be approved subsequent to the public hearing on the budget. Mfr. May stated that the hearing was held and closed on December 1. Upon approval of the resolutions, staff will certify the levies to the County and finalize all of the other reporting requirements with the State and COMM. Mayor Droste stated that the City Council has worked hard to bring the taxes down and succeeded in doing so this year. He thanked City staff for their hard work on the budget process and holding the line on City taxes. Motion by DeBettignies. Second by Sterner. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 2, 2008 Motion to adopt a Resolution Approving the 2009 General Fund Operating Budget, the 2009 Capital Improvement Program (CIP) Budgets, the 2009 Insurance Budget, the 2009 Port Authoriy Operating Levy and the 2009 Lev} Required by the City of Rosemount. Ayes: Shoe Corrigan, Droste, Sterner, DeBettignies Nays: None. Motion carried. (Resolution 200M -101) Motion by DeBettignies. Second by Shoe- Corrigan. Motion to adopt a Resolution Levying a Tax for Construction of a State Armory Building. Ayes: Droste, Sterner, DeBettignies, Shoe Corrigan Nays: None. Motion carried. (Resolution 21)08-102) 9.b. First Reading Solid Waste Haulers Ordinance Director of Parks and Recreation Schultz stated that staff reviewed the existing Solid Waste Haulers Ordinance and made a number of changes to help clarify the ordinance and remove language that was no longer necessary. Staff also addressed the issue of the number of haulers, by allowing only haulers licenses as of the ordinance's effective date to be allowed to renew their license. He added that when a hauler leaves the industry or merges- with another mauler, the total number of residential hauling licenses available will automatically be reduced. Council Member Sterner questioned how many residential haulers were currently licensed. Mr. Schultz replied that nine were currently licensed. Mayor Droste stated that the proposed ordinance addressed the City Council's concerns about safety near local school and the amount of trucks that are currently going on Cin' streets. 1 1 1 Motion by DeBettignies. Second by Shoe- Corrigan. Ayes: Sterner, DeBettignies, Shoe- Corrigan, Droste Nays: None. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 2, 2008 Motion to hold fast reading and schedule second reading and possible adoption for December 16, 2008. 9.c. Amending City Code Title 7: Social Hosts Lieutenant Ericson stated the purpose of the ordinance was to make it a criminal offense to host or allow a gathering when alcohol is present and underage persons are present and consume or posbess alcohol. "l'he host is expected to take reasonable steps to prevent the possession or consumption by under age persons. He provided the City Council with additional background on the experience that cities have had once the ordinance was apoted. Council Nlember Sterner questioned what changes the Cin' Attorney made to the ordinance. Mr. Ericson replied that the minimal wording changes did not change the content. Mayor Droste questioned parental knowledge of a party. Mr. Ericson stated that in order to charge a parent they would to have knowledge of the party and that alcohol served was provided or brought to the party. Council Member Shoe- Corrigan pointed out that the ordinance does protect against religious observances. Motion by DeBettignies. Second by Shoe- Corrigan. Motion to hold first reading and schedule second reading and possible adoption for December 16, 2008. Ayes: DeBettignies, Shoe Corrigan, Droste, DeBettignies Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming calendar of events. The next regular City Council meeting will be held on Tuesday, December 16, 2008. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Sterner, the meeting was adjourned a t 8:05 p.m. 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 held on Tuesday, December 16 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145' Street West, Rosemount. Mayor Droste called the meeting to order with Council Members Shoe- Corrigan and Sterner attending. Council Member DeBettignies was absent. Staff members present included City Clerk Domeier, Ciry Enguneet Brotzler, City Attorney LeFevere, Community Development Director Lindquist, Senior Planner Zweber, Finance Director May, Director of Parks and Recreation Schultz, City Adtniustrator Johnson and Police Chief l alstabakken. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Johnson removed item 6.a. Minutes of the November 12, 2008 City Council Work Session Proceedings from the Consent Agenda for consideration at a future meeting. Motion by Droste. Second by Sterner. Motion to adopt the agenda with the removal of item 6.a. Ayes: 3 Nays: 0. Absent: DeBettignies. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 16, 2008 CONSENT AGENDA Council Member Shoe Corrigan pulled item 6.f. 2009 Fee Resolution for discussion and 6.v. Resolution of Approval for CDBG Application to share with the conununity. Motion by Shoe Corrigan. Second by Sterner. Motion to approve the Consent Agenda minutes 6.a., f., and v. b. Minutes of the December 1, 2008 Truth -in- Taxation Hearing Proceedings c. Minutes of the December 2, 2008 City Council Meeting Proceedings d. Bills listing e. On Public Premise Liquor Licenses f. 2009 Fit R,.s I lion g. Expenditure Approval from the Donation Account Parks Recreation Dept. h. Budget Amendments (Resolution 2008 -103) i. Second Reading and Adoption Storage and Hauling of Solid Waste and Recyclables (Ordinance XVI.59) j. Community Center /Armory Maintenance Agreement k. Tobacco Free Parks Policy (Resolution 2008 -104) 1. 2009 Solid Waste Haulers Licenses m. Ordinance Amending City Code Title 7: Social Hosts (XVI.60) n. Receive Donation D.A.R.E. Fund 1 o. Receive Feasibility Report /Set Public Hearing 2009 Street Improvements Project, City Project #426 (Resolution 2008 -105) (Resolution 2008 -106) p. Wetland Health Evaluation Program (WHEP) joint Powers Agreement q. Acquisition of Easements County Road 73 Improvements, City Project #399 r. Addendum to Purchase Agreement 14145 Akron Avenue, County Road 73 Improvements, City Project #399 s. Approve Joint Powers Agreement —RA with Dakota County for the Rosemount/ Lhlore /Empire Corridor Study, ENG 0138 t. Payment #4 Final Brazil Avenue Trail Improvements, ENG 134 u. Request by Flint Hills For an Interim Use Permit for Temporary Workers, Trailers, Communication Trailer, and Warehouse, Case 08- 40 -IUP (Resolution 2008 -107) Ayes: Shoe Corrigan, Droste, Sterner Nays: None. Absent: DeBettignies. Motion carried. 6.f. 2009 Fee Resolution Council Member Shoe- Corrigan was concerned with the increase in some fees for 2009 when the City is truing to attract new businesses and building. Her main concerns were related to engineering and public works fees including street assessments for total reconstruction projects on existing sweets; sanitary sewer fees; storm water utility fees and water access charges. City Engineer Brotzler explained the background for considering the increase in the fees. City Administrator )ohnsons suggested evaluating the fees again in six to 12 months. Motion by Shoe Corrigan. Second by Sterner. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 16, 2008 Motion to Adopt a Resolution Approving Amendments setting the 2009 Schedule of Rates and Fees. Ayes: Droste, Stemer, Shoe Corrigan Nays: None. Absent: DeBettignies. Motion carried. (Resolution 2008 108) 6.v. Resolution of Approval for CDBG Application Council Herber Shoe- Corrigan requested that staff provide more information about the CDBG Application. Cotntnunity Development Director stated that every year the City is required to apply for CDBG funds. She explained the limitations associated with using the funds and that some of the funds would be used to upgrade portion of the City -owned building leased by the CAC. Director of Parks and Recreation Schultz provided more details about the proposed improvements at the Fancily Resource Center. Motion by Shoe Corrigan. Second by Sterner. Motion to approve the draft resolution. 1 Ayes: Sterner, Shoe Corrigan, Droste Nays: None. Absent: DeBettinies. Motion carried. (Resolution 2008 109) 9.a. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2009, Case 08 -42 -ME Community Development Director stated that Shafer Contracting applied for the annual renewal of the mineral extraction permit for their property located one mile north of 135" Street East and 1 /4 mule west of Rich Valley Blvd. She provided a summary of the staff report including the discussion held at the Planning Commission public hearing. Council Member Sterner questioned if Shafer Contracting would be doing the same about of milling as the previous year. Scott Spisak with Shafer Contracting stated there was a significant reduction in the amount of mining from 2t307. With the current work load Mr. Spisak did not anticipate an increase in mining. Council Member Shoe- Corrigan questioned the water issues raised by neighbors to the Shafer property. Mr. Spisak explained the agreement in place to test the water and added that the neighbor had their well system chlorinated and that helped with the issue. Council Member Shoe- Corrigan requested that in the spring Mr. Spisak go out and look at the Ista property to follow up with the other concerns. Motion by Shoe Corrigan. Second by Sterner. Motion to approve renewal of the Shafer Contracting, Inc. Mineral Extraction Permit for 2009. Ayes: Shoe Corrigan, Droste, Sterner Nays: None. Absent: DeBettignies. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 16, 2008 ANNOUNCEMENTS Mayor Droste stated that earlier in the evening a reception was held honoring and thanking Council Members Sterner and Baxter for their service to the community. Council Member Shoe- Corrigan also thanked the Council Members for their years of service and dedication to the community. Council Member Sterner stated it was an honor to serve on the City Council. Mayor Droste stated the next City Council meeting will be held on January 6, 2009. ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Droste, Second by Sterner, the meeting was adjourned at 8:17 p.m. Respectfully Submitted, Amy Domeier, City Clerk