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Home My WebLink About6.a. Minutes of the November 2, 2015 Regular Meeting ProceedingsROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 2, 2015 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Monday, November 2, 2015 at 7:00 p.m. in the Council Chambers at City Hall, 2875 145th Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Nelson, and Weisensel attending. Council member Demuth was absent. Staff present included the following; o City Administrator Johnson o City Attorney Tietjen o Community Development Director Lindquist o City Clerk Hadler o Director of Public Works/City Engineer Wrase o Chief of Police Scott o Parks & Recreation Director Schultz The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson suggested moving item 6.d. to New Business due to correspondence received today. Motion by DeBettignies. Second by Weisensel. Motion to Adopt the Agenda with the suggested change to item 6.d. to 9.a. Ayes: DeBettignies, Nelson, Droste, Weisensel Nays: 0. Motion carried. PUBLIC COMMENT CONSENT AGENDA Motion by DeBettignies. Second by Weisensel. Motion to Approve the Consent Agenda with item 6.d. being moved to 9.a. a. Minutes of the October 20th, 2015 Regular Meeting Proceedings b. Minutes of the October 20th, 2015 Special Work Session Proceedings c. Bills Listing d. Tobacco Licensing and Ordinance e. Steeple Center Addition Project Change Order #4 f. Execution of an Agreement for a Temporary Drainage, Utility, and Turnaround Easement - Greystone 4th Addition Street and Utility Improvements g. Payment 2 & Final - 2015 Micro-surfacing Project h. Public Storage Facility and Booster Station i. Public Works Surplus Property j. Receive Donation - Police Equipment k. Minor PUD Amendment 6.a. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 2, 2015 l. Rain Garden Installation and Maintenance Agreement, Danbury Way Improvement Project Ayes: DeBettignies, Nelson, Droste, Weisensel Nays: None. Motion carried. PUBLIC HEARING 7.a. Easement Community Development Director Lindquist gave an overview of the item, a request for a conservation easement vacation around Wetland O on Lots 8 and 9 in Bella Vista 2nd Addition. A public hearing is required for the vacation of the easement. The reason for the vacation is the homeowner is requesting it. The new buffer average still complies with the city ordinance and staff recommends approval of the easement vacation. Mayor Droste opened the public hearing at 7:06 pm. Mr. Ken Fry, who will be living at 13001 Ayrefield Court, Lot 8, stated his yard will be affected the most. His sister, Heidi Freske, owns Lot 9 (13012 Ayrefield Court), and was also present. Mr. Fry has been a Rosemount resident since 2007. The current conservation easement runs halfway up his driveway, which would leave no yard. Mr. Fry would like to move some of that easement to a new location. Ms. Freske stated it was important for them to have a yard between the homes for their children to play. Mr. Fry stated the conservation easement was not clear when they purchased their home from Lennar. Mayor Droste asked Ms. Lindquist to address the issue. Ms. Lindquist stated the area was originally included in the conservation easement and she’s not sure how it would have been presented to the buyers. She stated that a conservation area must be maintained in a natural state. Mr. Fry readdressed the Council, stating that currently the area is dirt, and they are not asking to remove wetlands. Ms. Lindquist responded that it is meant to be a buffer, which is a natural grass area, often disturbed by construction and reestablished with plantings. Hearing closed at 7:16 pm. Motion to close the public hearing. Motion by DeBettignies Second by Nelson. Ayes: DeBettignies, Nelson, Droste, Weisensel Nays: 0. Motion carried. Motion to adopt a Resolution approving the vacation of the conservation easements over Lots 8 and 9 Block 1, Bella Vista 2nd Addition and Outlot A, Bella Vista 3rd Addition; subject to conditions. Motion by DeBettignies. Second by Nelson. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 2, 2015 Ayes: DeBettignies, Nelson, Droste, Weisensel Nays: 0. Motion carried. NEW BUSINESS 9.a. Tobacco Licensing and Ordinance City Clerk Hadler provided a summary of the staff report regarding Tobacco Licensing. The Mayor and Council had received an email from Mr. Thomas Briant, of the National Association of Tobacco Outlets (NATO) late this afternoon, stating concerns with the definition of “loosie”, the licensing fees, and requesting a public hearing. Ms. Hadler stated that statute requires written notice to affected businesses, not a public hearing. Staff sent two notices to current licensees stating the meetings at which the item would be discussed. Ms. Hadler explained the issue with the definition of “loosie”, an unpackaged tobacco product. The definition allows for an exclusion for cigars priced over $2.00. Mr. Briant had concerns that the definition would make it illegal for retailers to sell cigarillos, a small cigar sold individually, which cost between $.89 - $1.49 locally. The proposed language recommended by the League of Minnesota Cities was slightly confusing, and Ms. Hadler recommends a slight change to clarify that the term refers only to unpackaged tobacco products. Cigarillos are always sold in a package. Ms. Hadler stated she had been able contact by phone each retailer before the meeting. The only retailer selling cigars is Green Leaf Tobacco and their least expensive cigar from the humidor is $3.09, so they would not be affected by the cigar price terminology. City Attorney Tietjen addressed Mr. Briant’s concern with the license fee, stating that the proposed fees are based on staff estimates and that the City has no recent history of actual enforcement to draw upon. The proposed biannual fee was $655. Mayor Droste suggested lowering it to $550, to make it easier on small businesses and closer to the estimated costs of enforcement. Council members and staff discussed the proposed ordinance, fees and Mr. Briant’s concerns. Motion to Approve an Ordinance Regulating the Possession, Sale and Consumption Of Tobacco and Tobacco Related Devices and Products within the City with the modification of the definition of “loosie” as proposed by the City Clerk. Motion by Nelson. Second by DeBettignies. Ayes: DeBettignies, Nelson, Droste, Weisensel Nays: 0. Motion carried. Motion to Approve A Resolution Amending the 2015 Schedule of Rates and Fees and Setting License and Investigation Fees for Tobacco and Tobacco Related Devices and Products Licensing with the change of biannual fee from $655 to $550 biannually. Motion by Nelson. Second by DeBettignies. Ayes: DeBettignies, Nelson, Droste, Weisensel ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 2, 2015 Nays: 0. Motion carried. Motion to Approve a Resolution Approving Summary Publication of Ordinance 2015-08 Relating to Tobacco and Tobacco Related Devices and Products. Motion by Nelson. Second by DeBettignies. Ayes: DeBettignies, Nelson, Droste, Weisensel Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council work session will be held on Monday, November 9, 2015, at 6:30 p.m. The next City Council meeting will be held on Tuesday, November 17, 2015, at 7:00 p.m. 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 7:46 p.m. Respectfully Submitted, Clarissa Hadler, City Clerk