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Minutes of December 7, 2004 Regular City Council MeetingROSEMOUNT CITY PROCEEDINGS 8 REGULAR MEETING DECEMBER 7, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 7, 2004, at 7 30 p in in the Council Chambers at City Hall, 2875 145 Street West Mayor Droste called the meeting to order with Council Members Strayton, Riley, Shoe Corrigan, DeBethgmes present Council Member Elect Stemer attended Also present were City Administrator Verbrugge, City Attorney LeFevere, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Police Chief Kalstabakken, Parks Recreation Director Schultz, Finance Director May, and Communications Coordinator Cox The Pledge of Allegiance was said City Administrator Verbrugge noted three changes to the agenda 1) Item 6 f Tree City Application for Recertification made a change to the Forestry Work Plan by including $10,000 for landscaping 2) Item 6 1 Receive Bids and Award Contract for Connemara Trail, City Project 379 the bid results were added recommending Lunda Construction Co Black River Falls 3) Item 7 Public Hearing for Applebee's On -Sale Liquor License Application additional information showing the number of on -sale liquor licenses are limited to six in Rosemount Mayor Droste moved to accept the agenda with the additional information for Items 6 f 6I and 7 Second by DeBettignies Ayes Five Nays None The agenda was adopted Public Comment Drew Storley, 14808 Boston Circle, spoke against the rezoning of property to commercial next to residential homes near the northeast corner of Highway 3 and County Road 42 Mr Storley noted that 51 new homes were built with quiet streets and a safe neighborhood Mr Storley said this change to a large retail commercial area would change the neighborhood, lower property values, and asked City Council to consider the quality of life for the current residents Mayor Droste noted that this area is the Rosewood Village development and the reguidmg issue is scheduled to be before the City Council on December 21, 2004 Julie Benson, 2722 148 Street, said they bought their dream home in Rosewood Village Development She said the train is not a problem and she has seen many metro areas build residential near railroad tracks Ms Benson reported that crime is low and kids play outside safely Ms Benson stated she is opposed to commercial zoning or low income housing because it would cause crime to rise and change their neighborhood Joe Danger, 14896 Brenner Court said he moved into Rosewood Village last February One reason they liked the location was they could walk to the downtown area Mr Danger said about 90 children live in this development and many play in the cul -de -sacs and streets Mr Danger stated that many homes here have property values of $340,000 and they would not like to see dumpsters in their back yards from a commercial business Mr Dangor asked City Council to appeal to their sense of responsibility to Rosewood Village and to think about how a large chain retailer would affect local business owners ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 2004 City Adrnimstrator Verbrugge suggested that others in the audience who may wish to leave written comments for the December 21, 2004 City Council meeting leave theirs with the City Clerk The City web site also can receive comments that would be directed back to the City Council Consent Agenda Mayor Droste asked that Item 6 k and 6 s be pulled for discussion Council Member Strayton asked that Items 61 be pulled for discussion MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 61, 61 and 6 s Second by Riley Ayes Riley, Strayton, DeBettignies, Shoe- Comgan, Droste Nays None Motion carried a Minutes of October 19, 2004 Regular Meeting b Minutes of November 3, 2004 Regular Meeting c Minutes of November 16, 2004 Regular Meeting d Bills Listing e Receive Donation for Parks Recreation f Tree City Application for Recertification g. Liquor License Renewal for 2005 It D A R E and School Liaison Services Agreement 1 Change Order No 1, Reflections Addition Street Utilities Improvements, City Project 381 j Receive Bids /Award Contract for Connemara Trail Overpass, City Project 379 k Authorize Preparation of Feasibility Report for 2005 Pavement Management Project, C P 392 Pulled for discussion I Appxeval of Nee Lhiien 9alaFi°s -for eaF2005- to Work Session 12/15 in Accept Tort Liability Insurance Limits n Early Payoff of 2003 Lease Purchase for Snowblower with Plow and Attachments o Approval of 2005 Budget Setting 2005 Levies and Budget p Ordinance Amendment City Code 7 -4 Animal Control and Zoning Code B q CDBG Application r Reflections (Brockway) Final Plat renamed "Harmony" s Rosewood Village Second Addition Condition Modification Pulled for discussion t Decertification of the Business Park Tax Increment Financing District 6.k, Authorize Preparation of Feasibility Report for 2005 Pavement Management Project, C.P. 392 Mayor Droste wished to notice the general public of the area that will be upgraded next year City Engineer Brotzler reported the proposed street improvements will be within the Rose Park Addition, Rahn's 1" through 8`" Additions, Dodd Court, and 130 Street West The majority of this area is boxed by CR 42, HWY 3, 145` Street West and Chippendale Avenue Brotzler noted there will be informational meetings for residents which provide estimated costs and assessments These meetings will likely begin in February with a public hearing in March Mayor Droste noted that some lots have had issues with flooding and he directed City Staff to ask for historical information from residents MOTION by DeBettignies to adopt A RESOLUTION AUTHORIZING A FEASIBILITY REPORT FOR THE 2005 PAVEMENT MANAGEMENT PROJECT, CITY PROJECT 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 2004 392. Second by Shoe-Corrigan Ayes Strayton, DeBettignies, Shoe-Corrigan, Droste, Riley Nays None Item 6.1. Approval of Non -Union Salaries for Year 2005 Council Member Strayton was not convinced that the proposed salary increases were warranted Strayton stressed his concerns for this does not reflect the job performance of any individuals, Strayton stated that City Staff have done an outstanding job, but, payroll is a significant part of the budget City Administrator Verbrugge noted that the salary adjustment is for a 3% increase to be consistent with union increases Since the adoption of the MN Pay Equity Act, Rosemount is required to report pay equity compliance every five years In addition to pay equity, the City compares itself with comparable markets (Stanton VI cities) to help determine compensation scales Rosemount's non -union compensation plan contains a range of steps within each position This is in alignment with the compensation plans of our collective bargaining units as well as that of other cities Council Member Strayton did not discern that the City would be out of compliance by the information provided He requested additional information MOTION by Riley to move to table 61 Approval of Non -Union Salaries for Year 2005 to be brought back to the December Council Work Session Second by Strayton Ayes Droste, Riley, Strayton Nays DeBettignies, Shoe -Comgan Motion carved Staff was directed to show any time limits, details of salaries and how they fit with other cities, and budget impact Item 6.s. Rosewood Village Second Addition Condition Modification Mayor Droste asked staff to explain the change requested Community Development Director Lindquist reported that the climate had delayed the completion of the landscaping which was required in order to issue building permits at Rosewood Village 2 nd Addition Since this was beyond control, staff recommends that the fencing would be required to be completed prior to issuing building permits and the landscaping would be proportionate to the first phase MOTION by DeBettignies to adopt A RESOLUTION MODIFYING CONDITION 6 OF RESOLUTION 2004 -81. Second by Strayton Ayes Shoe-Corrigan, Droste, Riley, Strayton, DeBettigmes Nays None Motion carried PUBLIC HEARING: Applebee's On -Sale Liquor License Application Mayor Droste reviecAcd the public hearing process The Affidavits of Publication and Posting were on file City Clerk Jentink reported that Applebee's has complied with the on -sale liquor license fees, insurance, and investigation for the 2005 license year The sale of liquor would not be allowed until a Certificate of Occupancy is obtained from the City of Rosemount The Police Department conducted an investigation of the primary applicants and the local manager, Travis 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 7, 2004 Christopherson The investigation did not convey any reason to deny the liquor license Jentink also noted that City Code limits liquor licenses in Rosemount to six on -sale liquor licenses There are four current on -sale liquor licenses Celts, McDivot's, Shenanigan's, and City Limits There are two available on -sale liquor licenses Mayor Droste welcomed Applebee's Neighborhood Bar and Gnll Applebee's Manager Travis Christopherson reported that about 100 people have been interviewed for lobs No one hired is under 18 years of age All bartenders are 21 years of age or older Special alcohol training is provided for all employees and there is a no tolerance rule for anyone who would abuse the laws of Minnesota The opening of the restaurant is planned for January Mayor Droste opened the Public Hearing for audience comments No comments were given MOTION by Droste to close the Public Hearing for Applebee's On -Sale liquor License Application Second by DeBettignies Ayes Five Nays None Motion carried MOTION by DeBettignies to approve the 2005 On -Sale Liquor License for Applebee's at 15015 Cimarron Avenue, Rosemount, dependent on the issuance of the Certificate of Occupancy and approval of the manager, Travis Christopherson Second by Riley Ayes Riley, Strayton, DeBettignies, Shoe Corrigan, Droste Nays None Motion carved Announcements City Administrator Verbrugge noted that a Power Point presentation for the Truth in Taxation Public Hearing will be played on cable television following this meeting and the information will be available on the city web site in video format Mayor Droste reviewed the scheduled meetings in December. Mayor Droste moved to adjourn the meeting at 8 23 p m Second by DeBettigmes Ayes Five Nays None The meeting was adloumed Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -48