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HomeMy WebLinkAbout6.a. Minutes of the March 21, 2006 Regular City Council Proceedings and the March 12, 2006 City Council Work SessionITEM 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, March 21, 2006, at 7:30 p.m. m the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBetttgnies, and Shoe Corrigan attending. Staff members present were City Admuustrator Verbrugge, Assistant Ctty Administrator Weitzel, City Attorney LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Finance Director May Communications Coordinator Cox, Chief of Police Kalstabakken, Fire Chief Aker, and Recording Secretary Burr. The Pledge of Allegiance was said ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge requested the addition of Item 6 q. to the Consent Agenda, Receive Donations Parks Recreation, as well as the addition of Item 9.c. under New Business, Appointments to the Planning, Parks Recreation, and Utilities Comtmssions. Mr. Verbrugge also noted the addition of 5.b., a verbal presentation under Department Heads Reports that will concern American Legion honoring members of police and fire depattinents last weekend. Motion by Droste. Second by Baxter, Motion to adopt the Agenda with the addition of 5.b 6.q. and 9.c. Ayes: 5. Nays: 0. Motion carried. PUBLIC COMMENT None. RESPONSE TO PUBLIC COMMENT None DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Proclamation of National Volunteer Week Mayor Droste repotted for the third straight year, the City Council will seek to recognize some of the thousands of members of the community who devote their time and effort to volunteer work. The proposed proclamation would declare the week of April 24 through 28 as National Volunteer Week in Rosemount In the words of the proposed proclamation, "the City of Rosemount, Minnesota benefits greatly from the volunteer efforts of its citizens to meet social needs," and "volunteering promotes fellowship and unity, as well as increased community awareness and the maintenance of [Rosemount's] quality of life." Motion by Droste. Second by Sterner. Motion to approve the proclamation. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Mayor Droste continued, as part of the observance, the City Council is asking the public to make nominations of volunteers m Rosemount who can be honored during the regular meeting of the Council nearest to Volunteer Week That meeting will occur on April 18. The Council wants to bring public recognition to those who can "inspire us by example." Both individuals and entire groups can be nominated Residents who can share nominations with the City should telephone City Hall by March 31. Details are on the City website in the "News" section. 5.b. American Legion Recognition of Police Officer and Firefighter Police Chief Kalstabakken stated every year the Legion recognizes a police officer and firefighter of the year. It is held m conjunction with the Post's anniversary party, which was last weekend. The officer for 2005 was Lieutenant Dwayne Kuhns, recognized for his efforts that he puts forth on a daily basis to keep the department running He takes care of things that may not be noticed but are important. If someone has a question about who does what in the department, everyone knows to ask Dwayne. Mr. Kalstabakken noted as Lieutenant Kuhns prepares to retire during this coming summer, it is becoming more apparent the number of things that he does In addition to his vast knowledge, he has an unquestionable dedication to his job as well as the community, which is evidenced by the amount of time and willingness he devotes to the City, frequently on short notice. Mr. Kalstabakken recalled three years ago when the mercury release occurred, Dwayne spent a considerable amount of time for the next several days representing the police department at a number of meetings and assisting the public. Dwayne has also created a culture in the organization that ptomotes a sense of balance. The respect and dedication that he shows to his family is evident in the way he speaks about them and the amount of time he devotes to them Mayor Droste congratulated Lieutenant Kuhns. He stated he has been impressed over the last three years with how he responds and how he is able to educate on some of the small, intricate details that some may not associate with the police department Fire Chief Aker stated Tim Buyck, a firefighter, was also recognized by the Legion. He joined the department in 1998 and became very active immediately. He has received this award previously and is the only 2 -time recipient of this award in the department. Mr. Aker noted that when the nomination process is initiated, all the firefighters have input into the process. Some of the comments about Tim were his unbelievable willingness to ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 help new firefighters, which has helped with the recent expansion of the department, as well as his ability to answer questions and make them feel welcome. The most recognized trait he bungs to the department is his willingness to help out, whether it is at an emergency scene or a committee he serves on, the prevention activities, or cleaning around the station. Mr Aker stated Rosemount is lucky to have Tim serving in the conunimity and makmg it a safer and better place to live. Mayor Droste congratulated Mr. Buyck for all the work he does for the City. Mayor Droste thanked the Legion for sponsoring this recognition for police officers and firefighters every year. He noted his apprecianon for the work the Legion does for die City every year in other ways. CONSENT AGENDA Motion by DeBettigmes Second by Shoe Corrigan. Motion to approve the Consent Agenda, Items a. through p with addition of Item 6 q Receive Donations Parks Recreation. a. Minutes of the March 6, 2006 Regular City Council Proceedings. b. Minutes of the February 15, 2006 Special Council Proceedings c. Bills Listing d. Expenditure of Funds from Donation Account DARE e. Approve Expenditure of Funds from the Police Equipment Fund f. Approve Joint Powers Agreement /Authorize Feasibility Report and Plans Specifications County Road 73 Improvements, City Project 399 g. Approve Agreement with Xcel Energy for Utility Relocation Design Old County Road 38, City Project 387 h. Acquisition of Easements County Road 38, Phase II, City Project 387 i. Authorize Eminent Domain, GlenRose of Rosemount, City Project 397 j. Local Support for Lebanon Hills Regional Park Stormwatex Management Funding Request k. Harmony 4 Addition (CPDC) Final Plat 06 -11 -FP 1. Flint Hills Resources Relocation of Existing Trailer Complex Interim Use Permit 06- 12 -IUP m. Authorize Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension n. Rezoning and Reguiding of Claret Springs East Townhomes; Wachter Lake Condominiums, and Carrousel Plaza Townhomes, Cases. 06- 17 -ZA, 06- 18 -ZA, 06 -19 -7 k o. Reimbursement Intent Resolution for Flint Hills p. Set Pubhc Hearing for Mankato Rehabilitation Center, Inc. (MRCI) Private Activity Tax- Exempt Financing q. Receive Donations Parks Recreation Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 PUBLIC HEARING 7.a. Application for Off -Sale Liquor License for MGM Wine Spirits Inc. Police Chief Kalstabakken stated the applicant has applied for an off-sale liquor license for a site located at 14865 South Robert Trail in the Rosemount Crossings Shopping Center. It would be located on the northern end of the Rosemount Crossmg step mall. Mr, Kalstabakken stated this license would not become effective until July 1, which is when the current City Code allows for additional off -sale licenses to be granted. A background mvestiganon was completed on the officers of MGM and the current operanons of the other stores in the Metro were looked at. There ate limited violations at those 18 stores. There were five violations, and of those five, they were limited to three stores Additionally, there have not been any violations since 2002. Mr. Kalstabakken stated with 18 sites, 5 violations over the time period looked at is not something to be greatly concerned with. The police will continue to do compliance checks. Because MGM does not have a license, they have not appointed a manager for that site. If approved, it would be contingent upon a successful background completion of the management applicant He noted the applicant is present m the audience. Council Member Shoe Corrigan asked for the exact location of the site, inquiring whether it is on the corner Police Chief responded no, the tenant bay would be one in from the cornet. Mayor Droste invited the apphcant to address the Council. Paul Seder, MGM, stated he looks forward to doing business in the City of Rosemount. Mayor Droste opened the public hearing at 7 :46 p.m. Mark Riling, managing general partner of Rosemount Crossings Shopping Center, stated he is familiar with MGM as they are a tenant in another center he manages They are an excellent tenant and he recommends support for their approval of the liquor license. Charles Knst, owner of Rosemount Liquor -Mart, stated when the Council voted to change the ordinance, he was under the impression that the application process would start July 1. He asked if the store is now going to be open July 1 rather than the process beginning on July 1. Mr Kntst noted the impression had been given that the applications would be taken July 1 and another 30 days or 2 months would pass before it is m use. Those are the busiest 30 days for his business and that opening date does make a difference. Police Chief Kalstabakken responded the ordinance stated the license would be available July 1 If the application was available poor to July 1, it could be issued on July 1. Motion by Droste. Second by DeBetngnies. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Council Member Shoe Corrigan asked if the applicant will be working on the physical site in advance so they can start their business July 1. Police Chief Kalstabakken responded that is an answer to be given by the applicant He believes the reason they put in their applicanon now rs so they can begin work after it is approved The intention was to do this portion first so MGM could know they would have a license available prior to hiring staff. Mayor Droste added within the last six months the City approved a license of a restaurant, but it never opened. The Council is assuming the applicant in this case will follow through, but that is up to the business They cannot occupy the budding until they meet City Codes. There are other approvals they will have to receive, the Council does not control that. Mr. Kest asked if the applicant will effectively know tonight if they have the license. Mayor Droste responded yes, subject to the conditions. Council Member Sterner asked if the inventory can be purchased prior to July 1 but not sold until that date Ms. Lindquist responded unless Council says differently, they can stock their shelves but cannot sell before they get the license Her interpretanon is the building staff will be issuing a building permit and certificate of occupancy when appropriate so they can open as soon as they receive the liquor license. Motion to close the public heanng. Ayes: 5. Nays: 0. Motion carried. The public hearing was closed at 7.53 p m. Council Member DeBettigriies noted the Council has not gone through the approval of the manager on the site yet He asked if there will be another public heanng to hear the approval of a manager Police Chief Kalstabakken stated no, there will not be a public hearing. Every person who has a liquor license now, as managers change, is supposed to provide the City with the infounation so checks on the managers can be done administratively. Council Member Shoe Corrigan stated when Chief Kalstabakken gave the explanation, she was under the impression, as Mr. Kist was, that the Council was not even going to consider apphcanons for licenses until July 1. She is excited to have MGM in Rosemount Crossings and believes they will be an asset to that center, but she is confused about that process and the timeline She asked what other staff and Councilmembers remember. City Administrator Verbrugge stated Chief Kalstabakken is correct; it was staffs interpretation that the City will process applications pnor to July 1, and he believes that was shared with the Council. The license will be available July 1. Mayor Droste stated there was a lot of discussion at that time, whether it was to be six months or a year, and there may have been a lot of comments by Council. Members about the timeline. However, it is up to the applicant when they will open. Council Member Shoe Corrigan stated her position on the liquor license was to do it immediately, and she remembers there was a compromise She stated there is a good candidate here, but she believes she has been duped a bit m how this is supposed to work She stated she will not deny the hquor license, but it was not clear to her about how soon the City would see another liquor store. That is why she wanted to wait six months, not a year. Councilmember Sterner stated he would feel more comfortable if the inventory was not purchased until July 1 so it Is not just sitting on the shelf. There may be secunty concerns. Mayor Droste responded how a business prepares to open is their expertise. How long they put things on the shelf, consumers will never know once it is open. Councilmember Shoe Corrigan added it is the store's risk as well. Mayor Droste continued he presumes it is highly secure with the inventory in there. However, the City does not have additional rules for liquor stores as fax as security. Police Chief Kalstabakken concurred. Councilmember Sterner asked if there is additional risk that the inventory will be sold pnor to July 1 if the inventory is there. Mayor Droste stated the license will not allow them to open until July 1. Motion by DeBettigrues. Second by Droste, ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Police Chief noted July 1 is a Saturday this year, so the pickup of the license will have to be coordinated He noted Rudy's was not issued the liquor license until Friday afternoon, and they opened on a Saturday. He stated he believes they had alcohol on site prior to Friday. Council Member Sterner asked for clarification regarding whether the applicant will be able to buy as much liquor as they want but will be unable to sell it until July 1. Pohce Chief Kalstabakken responded that understanding is correct. Motion to approve an Off -Sale Liquor License for MGM Wine Spirits, Inc. to be located at 14865 South Robert Trail to be effective July 1, 2006, and is contingent upon a successful background mvestiganon of a named manager of the site. Ayes: 5. Nays: 0. Motion carried. OLD BUSINESS None ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 NEW BUSINESS 9.a. Dakota Enterprises, Ltd. Expansion Site Plan Review 05 -60 -SP Community Development Director Lundquist stated this represents an amended site plan from the onginal apphcanon brought to the City and is something the staff and applicant have closely worked together on. She noted there are two components. there will be a building expansion in the west, and there will be a new outside storage area, m the northwest corner of the property. Ms. Lindquist noted the site currently has a fair amount of outside storage She descnbed the changes that will be made to the outside storage. There is no net increase m outside storage because the applicant is consolidating the outside storage and moving it to the north m a more organized fashion. Ms. Lindquist noted the other issues that the City staff had raised regarding the site plan had to do with the screening and landscaping requirements. The plan does increase the screening The applicant does intend to continue having a cedar fence similar to what is there now, which will be for safety and security issues Because the applicant meets the ordinance requirement for landscaping, staff is comfortable with the screening The applicant has indicated a couple of ideas for the open area in the northeast in the future, but for now it will be the open space. Ms. Lindquist stated staff is recommending approval of the plan with three conditions which relate to changes in the building elevations, a final grading and drainage plan, and the understanding that future construction m the northeast area of the site will require additional landscaping consistent with the ordinance. She noted the applicant is present to answer questtons. Mayor Droste invited the applicant to address the Council. Tom Englemeier, applicant and owner of Dakota Fence, stated the company began in 1986 and has been in Rosemount since 1987 It is critical to be able to expand now; and if he is unable to, a move elsewhere will be required which would create upheaval for employees' families He stated the company likes being in Rosemount and looks forward to being part of the busmess community for years to come. Council Member Baxter noted the Council has received a lot of materials from the applicant's attorney. He asked if the applicant is happy with the resolution that has been reached Motion by Sterner. Second by Shoe Corrigan Ayes: 5. Nays: 0. Motion carved. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Mt Englemeier responded he has 10 acres, and there are 2 or 3 acres that will not be used. It is not perfect, but m the future he may be able to get more money to have additional inside storage He noted there are 2.9 acres of green space, which is not ideal However, the altemanve is to argue with the City and waste time. He stated he can live with the compromise. Darcy Erickson, attorney with LeVander, Gillen Miller, introduced herself to the Council and stated she is appearing for Attorney Jay Karlovich who had other municipality obligations this evening Motion to apptove a resolution granting site plan approval for Dakota Fence at 15953 Biscayne Avenue. Council Member Baxter commented he is aware of the reputation that Dakota Fence has in the City and views them as a very important business in this town. He would like to point out that City staff has an obligation to protect the zoning regulations and planning uses and the laws that are ordinances of this community Sometimes that results in conflict between valuable citizens and valuable staff He is pleased that the staff worked hard and the applicant showed flexibility in working for a resolution that meets the needs of the existing businesses m this community and also for the future of this community. Council Member Baxter commended Ms. Lindquist and Dakota Fence in coining to this resolution. 9.b. Approval of an Ordinance Amending Ordinance No. XXI.12 Community Development Director Lindquist stated this ordinance is to facilitate the site plan just approved In February the Council passed a moratonum affecting properties zoned BP -1 with outside storage. This ordinance would amend that language to exempt projects for which site plan applications were submitted prior to the adoption of the moratorium, which in this case is Dakota Fence This ordinance will allow them to move forward. Council Member Sterner inquired if this ordinance is permanent or temporary Ms. Lindquist responded the moratonum ordinance is called an interim ordinance because it operates for a specific time penod. The current moratorium is good until May 1. Ms. Lindquist noted tonight the Council is exempting Dakota Fence from the moratorium, but it will be in effect for other properties zoned BP -1 with outside storage Motion by DeBetagnies. Second by Sterner Motion to adopt an ordinance amending Ordinance No. fI.12. Ayes: 5. Nays: 0. Motion carried. 9.c. Commissioner Appointments City Admuustrator Verbrugge stated the City received applications for open seats on the Planning, Parks and Recreation, and l.ltthttes Commissioners. The Council interviewed the applicants, and at this time the Council can make appointments to the vanous Commissions. Motion by DeBettignies. Second by Baxter. Motion to fill the Commission vacancies as follows: Jay Palda to a 3 -year term on Planning Commission Dianne Howell to a 3 -year term on Planning Commission Jeanne Schwartz to remaining 2 years of 3 -year term on Planning Commission Jason Eisold to 3 -year term on Parks Recreation Commission Shawn Mulhern to 3 -year term on Utilities Comrmssion Ayes: 5. Nays: 0. Motion carried. Mayor Droste stated in the last three years, the City has received more applications than spots available, so it makes it difficult to choose. He thanked all the citizens who applied for the openings and thanked the Commission members who will be leaving. He noted the City appreciates the work they do. ANNOUNCEMENTS City Administrator Verbrugge invited the Council to be in attendance at the DCTC College Showcase on the 29th. Council Member Baxter congratulated Lieutenant Kuhns and Firefighter Buyck. He also congratulated Mayor Droste on delivering the State of the City address this morning, noting it was very well done and very well attended. Council Member Baxter added four weeks ago he met with a couple people who appeared before the Council who were opposed to the CDA protect and questioned the process the Council went through and questioned the communication It was a productive meeting. The Council in its goal session talked about the issue of communication. He stated the Council is trying to listen to the citizens Things are communicated differently today than they are in the past. He noted the Council has asked staff to look at different ways to communicate to people He encouraged people to offer suggestions about better ways to communicate, because that is something the Council would like to improve. Mayor Droste reviewed regularly scheduled meetings on the City calendar He noted there will be a groundbreaking at the new fire station on April 4 at 5.30 p.m. Anyone m the public who would Jike to attend is welcome. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 21, 2006 Mayor Droste noted that following the airing of this Council meeting, there will be a replay of the recording of the State of the City address that was delivered this morning ADJOURNMENT Mayor Droste moved to adjourn the meeting at 8:23 p m. Second by Sterner. Ayes: 5. Nays- 0. The meeting was adjourned. Respectfully submitted, Allison Bun, Recording Secretary ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Pursuant to call and nonce thereof, a City Council Special Work Session was held on Wednesday, March 22, 2006, at 6.33 p.m in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettigmes, and Shoe Corrigan attending. Staff members present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Engineer Brotzler, Community Development Director Lindquist, Assistant Planner Lindahl, and Recording Secretary Burr. DISCUSSION 2.a. JJ T Final Plat Subdivision Agreement City Engineer Brotzler stated this is a unique project which is why this final plat is before the Council in a work session rather than a standard Council meeting, He noted the memo outlines the project that has been proposed by JJT The plat being proposed includes the extension of Boulder Avenue The alignment is such that the right -of -way and road improvements would be constructed on property that is owned by the City The 10 acres was acquired by the City as a settlement agreement that dates back to 2001/2002. The shape of the10 acres on the plat map, Outlot B, was a compromise with the Pahl's. The 10 acre site will be used for a water treatment facility m the future and it is staff's expectation that the shape of the site will be reconfigured with future development. Mt. Brotzler continued what makes this situation unique is in the subdivision agreement, staff is recommenduig that right -of -way that is necessary to be dedicated from the City, the developer compensate the City $1 85 per square foot, which is $76,000. The developer would bear the full cost of the improvements of constructing the streets within that area of the right -of -way What makes this different is if this were pnvately owned, that cost would be split among property owners. However, the City would not necessarily assess properties for the improvements; it would be the developer's responsibility Mr. Brotzler stated the developer is requesting Council consideration to not charge for the right -of -way dedication and to consider participating in half of the street costs for the project portion adjacent to the City property That is why it was delayed from last mght's Council session, so that there could be discussion before bringing it to the Council for action. Community Development Director Lindquist stated the financial issue is the only issue with the plat. Outlot B is a temporary parcel The City has a verbal agreement with the Pahl's that the City will renegotiate upon development of the business park so a treatment plant can be there. The anginal thought was the Pahl's would develop and the City would get a different 10 acres, and the Pauls would be responsible for project development costs. /Nit Brotzler referenced citations in the memo where a similar approach was taken in other development projects. Those improvements were necessary for the development to occur, but the City was not in a situation to participate because the dollars were not available. In both instances the developers chose to pay for those offsite improvement costs to proceed with their schedule. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Ms Lindquist stated the $1.85 per square foot comes from the County purchase; that number has been consistent. Council Member Baxter asked if, in order to get the right -of -way, the City pay the person for this property were it owned by an individual Mr Brotzler responded if Outlot B was owned by a private party and the City was going to facilitate the acquisition of that property, the City would pay the owner of Oudot B, but the proceeds used to pay would come from the JJT project The City would not pay the cost; the developer would. Council Member Baxter clarified this would be consistent with past practice. Mr. Brotzler responded yes. Mayor Droste stated once the Pauls come forward with a complete development parcel, there might be some shifting of the parcel. Ms. Lindquist stated the City had previously TIF'd this area, so the Council may recognize that facilitating the road construction promotes economic development The City could look at it as an investment in infrastructure because the City did do things to jumpstart this area. She stated she believes JJT should pay something, but this is also an area where the City wants things to start moving. Mr. Brotzler stated the out -of- pocket cost to the City is about $30,000 an acre for the water treatment site The actual cost four years ago was based on a $30,000 an acre rate, which is something to consider. Mr. Brotzler stated $30,000 would calculate to about 70 cents per square foot although he would want to venfv the City's outlay since there were also legal costs associated with getting the parcel recorded. Jack Matasosky, JJT Partners, stated this cost would be a pass through item to the two initial buyers in the park. Ms. Lindquist noted there was a discussion about truncating the road. Mr. Matasosky responded that really limits the development of the first three lots. Ms. Lindquist added an idea was to service the first two businesses with a cul -de -sac until the Pauls moved forward on development. Council Member Shoe Corrigan asked why the Pahl's do not contribute now. Ms. Lindquist responded they do not contribute because they do not own it now The Pahl's are negotiating with various parties interested in purchasing their property and they will most likely let the developer pay the cost of infrastructure. Mr. Brotzler stated in the settlement, the configuration of Oudot B was agreed to with the Pahl's in November of 2002. It was not recorded because there were back tax issues that Council Member Sterner arnved at 7:08 p.m. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 needed to be worked out. The shape of the parcel was defined. The recording happened in June 2005. Council Member Shoe Corrigan asked if there is a clean way for the City to pay its half and then attach the rest to the title and have the developer will pay the second half. Mr Brotzler stated that would be a calculated risk that the City would be able to demonstrate the increased value of this land He stated the one issue is the $1.85 per square feet for the right -of -way the City will dedicate. The second issue is the actual cost to physically build the road in that nght -of -way. Council Member Baxter asked if the Pahl's would be assessed if they owned this property. Mr. Brotzler responded the City would not assess another property owner to facilitate JJT's development. In the past the developer has paid the cost so there is no burden on an adjacent non developing property. Council Member DeBettignies stated the Ciry has $30,000 invested into the right -of -way. He suggested the City differentiate the amount invested and bring it down to about 70 cents per square foot; then JJT will just be paymg for the differential. Mayor Droste stated he is in agreement with Council Member DeBettigmes. Ms. Lindquist clanfied when the City renegotiates with the Pahl's, it will be 9 acres because the City is selling 1 acre through the right -of -way dedication. Council Member DeBettignies explained to Bruce Rydeen and Jack Matasosky that the City has lost almost $1 million m revenue from the State, so the City has had to tighten its belt. Mr. Matasosky stated the developer was excited about this property. It is an ideal spot to develop industry The two customers are pushing back on this issue because it is hard to explain how he has to buy it from the City, put in the road, and then give it back to the City. Council Member DeBettigmes stated this will be consistent with past projects so that no precedent is being set For the nght -of -way, it would be about 69 cents per square foot. Then the developer pays for the street improvements. Mayor Droste stated the first item under consideration is there will be a reduced rate of 70 cents. Mr. Brotzler stated he believes the $30,000 figure is the approximate cost, he will go back and venfy that. Mayor Droste stated regarding street and utility nmprovements, that is the cost of development Mr Matasosky responded he understands and thanked the Council for its consideration. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 2. b. Implementation of Comprehensive Plan Amendment Community Development Director Lindquist stated this relates to the re- guiding of the 42/52 area the Council approved in July. She stated she would like to talk about the larger Implementation issue before dealing with a specific site. Ms. Lindquist continued in July the City redid the Comprehensive Plan. State law requires that the City bring zoning into compliance with the Comprehensive Plan. The residential was not an issue. The intent was to rezone when development occurred. The question is when busmess park land will be rezoned to bung it into compliance. Ms. Lindquist indicated the question is the Council's comfort where the grade plan is inconsistent with the rezoning She indicated Mr. LeFevere feels it is best to rezone when possible, for it provides best surety for the City. Ms. Lindquist continued there are other options for these homeowners. The City could make a nonconforming permit However, there are times when the City does not want nonconformities to expand and the City will have a hard time picking and choosing. She stated for the business park area to the north, it tight make sense to not rezone the residential until sometime m the future. Currently all those properties are zoned agricultural. She noted Mr. LeFevere suggested the City may want to rezone some of the areas it feels comfortable rezoning, or rezone if they are vacant to not encourage development inconsistent with the long -term vision for the area Mayor Droste clarified this will not Impact people's taxes if someone is farming and they are rezoned residennal. Ms. Lindquist stated that is what the County says. However, when development starts to occur, property values may go up. Mayor Droste stated the other concern is the City has gone through some developments. Because it was not zoned based on what it was guided, sometimes it created controversy when someone wants to develop it a certain way when the City has it guided a different way It puts the City into a difficult situation Ms. Lindquist stated by not zoning, it makes it more difficult for the expectations of adjommg property owners. She stated she is not interested in rezoning the residential. It is much easier for the City to deny it without having inconsistencies with the ordinance Ms Lindquist added she has been in tines where the plat meets every performance standard but the City does not like it and has no ability to make changes when there are no vanances associated with the project.. Ms. Lindquist stated this is something the City can revisit. The AUAR is a year -long process. She expects some developers will be coming in for concept review. She expects people know the area north of County Road 42, east of the current residential development will develop as residential ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Council Member Shoe -Comgan asked if the City should be looking at parcels that should be scheduled for zoning over the next couple of years. Ms. Lindquist responded affirmatively, adding the first thing that comes to mind is Flint Hills She cannot imagine they will care if they are rezoned from agriculture to mdustnal Mayor Droste stated one concern he has is the public process. When the City rezones land, a public hearing is required for each parcel He wants to ensure this process is well commumcated. Ms, Lindquist stated over the course of the next year, the City will review certain parcels and staff will come to the Council at a workshop with recommendations on what should be rezoned sooner rather than later. The Council Members concurred Council Member Baxter asked if that can be put on the website or in the newspaper. Mayor Droste stated that may create some alarm He suggested when staff comes back and the Council readdresses the specific parcels public information could be provided. Council Member Baxter stated he agrees with the plan but it should be communicated to the citizens early Mr. Verbrugge stated staff will work on something Lindquist cautioned staff will likely get a number of inquiries about when people will be rezoned, and staff will not be able to say when. Council Member Sterner asked if there is a way to go about this without impeding current business owners and residents. Ms. Lindquist stated that can be done if the City never changed their zoning or guiding But then the City would not have any say m what goes on. Council Member Shoe- Comgan stated this plan is to be proactive; alternatively, the City can be reactive to situations when they apse. Mayor Droste agreed, noting that can create conflict Council Member DeBettigtiies stated zoning needs to be clear now so that if the property is sold, the buyer knows what the options are. Ms. Lindquist stated the Comp Plan is supposed to provide a higher level of certainty. Council Member Shoe Corrigan stated part of the reason the City has a Comp Plan is because the Met Council wants to make sure the suburbs are developing m a way that makes sense in terms of the larger urban community Ms. Lindquist stated she has spoken with Carol Hickman over the last few weeks regarding Vic's Crane. Currently Vic's Crane is zoned general industrial and is conforming use They want to maintain the business and expand She stated she spoke with Mr LeFevere about this issue also The building plans are an upgrade from the current facility and the architect has indicated it would comply with the Business Park performance standards. The question is this long -term, short -term land use issue ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Ms. Lindquist indicated there are a couple options: the City can rezone now and make Vic's Crane nonconforming and reinforce the property will ultimately be a combination of Business Park and Commercial as guided in July. The other choice is to allow them to remodel and then rezone them. The third option, if the Council feels on a long -term basis Vic's Crane should stay, her feeling is to re -guide it as general industrial. Carol Hickman, Vic's Crane, stated the company has no problem with the frontage commercial. Most of the outdoor storage is behind the hill line. The buildings that the cranes are kept in are hidden behind there There is some boom storage visible, but that can easily be moved so it is hidden. Ms. Hickman stated there is a cell tower going in. Building can occur within that fall circle, but there cannot be a property line within that fall circle. Mayor Droste stated this is commercial to the front and business to the hack. The issue is when someone is nonconforming, they can operate until the land sells or changes. However, consistently the policy has been the occupant cannot expand. Council Member Shoe Corrigan asked what if that area is zoned general industmal and the rest remains business park. Ms. Lindquist responded if the City wants Vic's Crane to remain and expand, they should be general industrial. But long -term the Council needs to determine if commercial and business park will work next to each other. Ms. Hickman stated a major cleanup began a couple years ago. With building this new facility, the company wants to look good. Vic's Crane hopes to be a Luce- looking area and wants to be a good neighbor for business park. Ms. Lindquist stated the City is trying to attract businesses that look like what is on 42, and commercial wants to be neat commercial. In talking with business professionals it is unclear if commercial will want to be next to a General Industrial use. Ms. Hickman noted there is general industrial across the road. Canny Mahoney, Vic's Crane, stated when this area does develop into commercial, Vic's Crane will not look good there. But until that happens, the company wants to look good and thrive Ms. Hickman stated it would be ideal to remain as general industrial, as this would provide the freedom to grow. Vic's Crane is coming off the best year it ever had and projects axe set for the next three years. This is an exciting time for the business Council Member Shoe Corrigan asked for clarification on what the business does. Ms. Hickman explained the business and the necessary storage. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Council Member DeBethgmes stated with the topography and the berming the way it is, the equipment will not be visible Ms. Hickman added there is a 300 -foot long barn building where cranes are parked m the wmtertune. Council Member Shoe Corngan asked Bruce Rydeen and Jack Matasosky their opuuon about developing this area into the business park and whether there would be issues with havmg a general industrial user m the background. Mr. Matasosky responded there are some areas adjacent to retail in the industrial districts. The only way that has been dealt with so far is screening and building types There are car dealers next to industrial facilities and they have been dealt with through screening and access He stated there has not been trouble attracting business, although the situation is different there because there may be other attributes to the business park m Lakeville that are not available here. Mr. Verbrugge stated the question is of commercial next to general mdustnal. It is not a commentary on the operation of the business, it is the relationship of the land uses. Council Member Sterner noted there is a difference between a smokestack and a storage operation, even though they are zoned the same way. Council Member DeBettignies stated Vic's Crane is an important part of the community. Council. Member Shoe Comgan asked if everyone is m agreement that this is an apptopnate use for commercial. She stated she does not have a problem with the expansion, but she does not want it all to be general industriaL Council Member DeBettignies stated if it is rezoned as mapped out here, they would be nonconforming Ms. Lindquist stated the City does not have to rezone it right away. Vic's Crane can do the expansion and then be rezoned. Ms. Hickman asked if there is a problem with guiding industrial and then when it grows up all around, readdress it at that time. Development in that area may not happen for 10 years. She indicated that they want to continue to operate without any restrictions. Council Member Shoe Corrigan stated Vic's Crane can continue to do business as usual as nonconforming Even if rezoned business park, they can continue to operate as is. Mayor Droste noted they cannot expand, but they can operate Ms Mahoney stated short -term Vic's Crane needs a building The company needs to reinforce to the employees it will there for a while. Long -teen the company will need something to store some of its things. Ms. Lindquist stated the principal use is the crane operation; that is general industrial. Any expansion of a nonconforming is still not allowed, regardless of what the use of the ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 expansion is going to be, even if that portton of the expansion would be a permitted use m the zoning district. Council Member Shoe Corrigan stated the fair compromise is to allow the building to be built and then at a later discussion decide whether it will be rezoned business park, recognizing the City will work toward the end use as a business park. In the meantime Vic's Crane is still zoned general industrial Mr. Verbrugge stated it is not the City's intent to be statutorily noncompliant, but when the City gets to that point, there are mechanisms that can be used to study it further at that point. Council Member DeBettignies stated that building design does fit into the business park model. He asked if Mn -DOT has anything set aside for 42/52 interchange. Ms. Lindquist stated it is programmed in 2013. Ms Verbrugge stated once that intersection is reconstructed, there may be commercial pressure tutting. Ms. Hickman stated Vic's Crane will proceed with submitting the building plans. 2.c. Industrial Districts Zoning Text Amendment for the BP Business Park and LI Light Industrial Districts 05-48 TA Community Development Director Lindquist stated this has been a fairly controversial issue; the Planning Commission has reviewed the topic five or six times. Ms. Lindquist continued the most controversial part is the business park outside storage issue There are four business park zoning categories, BP -1, 2, 3, 4. BP -1 allows outside storage, which was the Dakota Fence issue. BP -2 allows outside storage as part of a PUD. Outside storage is not allowed in BP -3 or 4. Ms. Lindquist indicated at then last meeting, the Planning Commission recommended that an area 25 percent of the principal structure can be used for outside storage. For example, with a 100,000 square foot building, 25,000 square feet of storage would be allowed. Ms. Lindquist presented a survey of a number of communities regarding pohcies on outside storage in business park zoning. She stated most communities do not allow it As currently proposed, fight industrial allows 50 percent of principal structure for storage She indicated that the staff will also be looking at the General Industrial zoning district. She stated there are an awful lot of businesses she beheves the City does not want to encourage. Flint Hills has approached the City about a scrap metal crushing site They want no building and a lot of metal behind a berm. If the City does not change the ordinance for general industrial, those will be attracted here Ms. Lindquist stated staff wants to bring business park to the Council in the next few months. The number one issue is whether the Council wants extenor storage or not ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Council Member Shoe Corrigan indicated she does not want outside storage allowed. The City is trying to attract businesses that will bring lots of lobs that will encourage people to live here and dine here. Mr. Lindahl stated as it is proposed in the business park right now, outdoor storage is a CUP. Mayor Droste asked if it will be allowed m the current draft Ms. Lindquist responded yes, the Planning Commission approved that up to 25 percent with a CUP Mayor Droste asked if storage of semi- tractor trailers would be considered outside storage. Ms. Lindquist responded affirmatively. Council Member Baxter noted Schwann's could not relocate to a business park and that is ridiculous Ms. Lindquist stated Planning Commission felt they did not want trucking as a primary use in the business park. Council Member Shoe Corrigan asked if storage for a Schwann's or Simon Delivers would be considered ancillary use Ms. Lindquist stated that is up to the Council. If the vehicles move, it is not outside storage. Mayor Droste stated he believes when looking at this with the general industry to the south, that 25 percent is reasonable for the rest of the business park Ms. Lindquist stated the current Comp Plan indicated there can be light industrial zoned property in the business park land use Council Member Sterner stated if the storage is done tastefully, 25 percent is reasonable. Council Member Shoe Corrigan commented outside storage takes up a lot of land It takes property away from the potential use of another business. Council Member Baxter asked if a maximum of storage square footage can be set. Ms. Lindquist responded that is possible. Council Member Baxter stated some outdoor storage is important to a lot of good businesses. He asked what the average size of a building is. Mr Matasosky responded in his expenence with the Air Lake Industrial Park, the average size building is 20,000 to 30,000 square feet Probably 30 percent of those businesses need outdoor storage. Mr. Matasosky continued the market is bigger for the industrial and the outdoor storage than it is for corporate. Council Member Shoe Corngan asked if the City can rezone business park to light industnal on a case -by -case basis. Ms. Lindquist responded affirmatively Upon questioning by the Council, Ms. Lindquist stated it is her opinion there should be no outside storage in business park. If a business wants outside storage, it can be rezoned light industrial. If it is a high -end business that is compatible with adjacent properties, then it is reasonable. Mr. Matasosky stated rail users do requite some outdoor storage. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Council Member Shoe Corrigan questioned re- guiding the entire business park to allow for a couple businesses. Council Member Baxter asked how the City can say yes to one request and no to another request Mayor Droste responded CUPs allow the City to make decisions on a case -by -case basis. Ms. Lindquist explained the rezoning option allows the City more control. Council Member DeBettignies asked how many businesses would be nonconforming if the City went to no outside storage in any business park district. Ms. Lindquist responded Dakota Fence and another welding business. Council Member Baxter stated he likes the idea of 25 percent outside storage and CUPs. Council Members Shoe Corrigan and DeBettignies stated they do not want outdoor storage and wish to retain the ability to rezone. Council Member Baxter stated it is troubling to allow rezoning on a case -by -case basis depending who is on the Council at the time He would like 25 percent not to exceed 6,000 square feet on the CUP. Mayor Droste stated the best way is no outdoor storage with the option of rezoning to light industrial. Council Member Shoe Corrigan noted the cleaner the ordinance, the better it will be. Council Member DeBettignies asked if staff sees any opportumn.es for backfire. Ms. Lindquist responded perhaps prospective businesses may not understand that there is opportunity for light industrial. Mr. Matasosky asked if he came in for a request to rezone light industrial, would it be supported by staff and Council. Mayor Droste responded it would be on a case -by -case basis; 25 percent fox outdoor storage might work along the railroad. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Mayor Droste recessed the work session at 9:14 p.m. The work session resumed at 9:19 p.m 3.a. Railroad Crossing Update City Engineer Brotzler stated the last tune the Council was updated on this issue was June 2004 He noted Chuck Rickart is in attendance at the work session He requested direction from the Council about whether to maintain the status quo or pursue something further. Mr. Rickart stated the Federal Railroad Authority finalized the tram horn rules in late 2005. In 2004 the rules were interim. There are two differences between the interim and the final rules that affect Rosemount A partial quiet zone has been instituted and another rule was added related to pedestrians m the quiet zones. Mr. Rickart descnbed how the risk index works To bring risk factors down, the four quadrant gate could be unbzed or a median could also be put m Supplementary measures are also options, for example, looking ar different programs that can help bring nsk factors down Mr Rickart stated the downtown study looked at three intersections. It was determined that the only one over the federal level was the 145 intersection The other two fell below that risk index. Federal Railroad Authority can come and check the risk index every year if they choose to; if it is over, the quiet zone status would be lost and horns would be blowing again Mayor Droste asked for a ballpark cost estimate should the four -gate quadrant be put on. Mr. Rickart responded $250,000. A lot of infrastructure for gates is out there already. Council Member Shoe Corrigan stated the quiet zone could be done, and only the one that is above the risk index has to be improved Mr. Rickart agreed. Mr. Rickart stated the wayside horn is something that can be implemented at a specific location. The trams can be requested not to blow then horns because that would be the exchange for it It can be used with or without the quiet zone. It can be used m the quiet zone, but it does not count as a supplementary measure Mr. Brotzler stated the wayside horn would decrease the perceived noise level in surrounding areas. It would be $70,000 per horn, for a total of about $210,000 Mt. Brotzler asked if the Federal Railroad Authority would review that and approve the use of wayside horns. Mr Rickart stated all indications are this is something they accept, although he has not talked to them personally about it. In their literature they have indicated they can be used. blr. Brotzler stated between now and June when budget talks start, he and Mr. Rickart can research the process and the costs. He added that at a minimum, the City can contact the ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 railroad and the Federal Railroad Authority and obtain feedback and also develop better cost estimates. Mayor Droste stated the new crossing at Akron Avenue will be set up with a four -arm crossing, so it could be set up for a quiet zone. 3.b. Staff Update Pine Bend Cemetery City Adrnuustrator Verbrugge stated Dan Schultz has done bis homework and cannot find anybody interested in taking over the cemetery There is potentially a group that is willing to take it over, but the group is still assembling the Legion, VFW, and Vietnam Veterans. Mayor Droste noted it is because of Dan's efforts in sending information out to these various groups that they are interested. Mt. Verbrugge inquired about a course of action should this group not form. Mayor Droste responded the Council will need an update at that time. FEMA Fire Grant City Administrator Verbrugge stated he will, as a consent item, have the Council authorize an apphcanon for a FEMA fire grant on April 4. The City is a conduit for the entire county because Rosemount is the only city eligible to submit a grant. It is a grant for about $450,000 for paging communications equipment Rosemount would be the recipient but would funnel the money to other cities in the county As a result of submitting this grant, Rosemount would be ineligible to subnut for any other fire grant for the year. He has spoken with the Fire Chief and he is fine with that as he was not plannuig on putting in any other funding request. Celtic Crossing Sign Community Development Duector Lindquist passed out a document showing the new sign She stated normally this would be a minor amendment done admuustratively but wanted to run it by the Council first. The Council decided to process it as a minor amendment. Rosewood Ms Lindquist stated they are coming in to plat. Staff told them they will not approve plat until they decide what they are going to do on the property adjacent to them, the yellow piece on the map Progress Land expressed interest m putting a high- density residential project on the site One of the ideas is to purchase a road from Greif Brothers for public road access. She wants to make sure Council does not want it business park before proceeding. Council Member Sterner stated if there was a business hke Cannon Equipment, the neighbors would prefer that over high- density residential. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Mayor Droste suggested each Council Member call Ms Lindquist individually with a decision. Ms Lindquist stated if the City is going to go residential, high density may allow screening and buffering options not available with lower density residential uses. Business Park Commumty Development Director Lindquist reported staff met with CSM, who would like to add retail in the 42/3 area. They think they could get a big box retailer hke a Target because the visibility is so great The remainder of the property would be developed as Business Park with a residental component also. Ms. Lindquist stated to be able to finance the infrastructure, they need to have a residential component to make it work. She added CSM has come up with two concept plans for the Council to look at. City Administrator Verbrugge stated when Gene Pederson and Pulte came in; there was no discussion of business park development. Mx. Verbrugge and Ms. Lindquist have told them if they are to pursue residential component, it would be conditioned on a performance requirement on the northwest corner They would have to show a commitment to building the retail component before they can proceed with residential. Ms. Lindquist stated staff believes the City could hold out and not move ahead with this proposal. The flip side would be the business park at 52/42; there is the possibility everything might move down there by the time this happens. Mayor Droste stated the one positive with CMS is their size. It is one developet taking care of a large project. Council Member Baxter stated if these 83 acres is developed residential, residents in the future may ask what the Council was thinking. Council Member DeBettignies stated he would like to see more complex -type residential. Ms. Lindquist stated she had been told that in the current market, townhomes, quads, and condos are drying up. Mr. Verbrugge stated the reason this needs to move quickly is the MRCI issue. Council Member Shoe Corrigan stated she does not like residential across the railroad track. Also, if there is going to be this much housing, she would like to see an innovative housing style. Council Member Sterner stated he does not like the residential in that area. ROSEMOUNT CITY PROCEEDINGS CITY COUNCIL WORK SESSION MARCH 22, 2006 Mayor Droste stated nothing has happened in terms of business park, so one has to be realistic. With one developer, it will be higher quality Mr. Verbrugge stated there is nothing wrong with sticking with the vision if that is what the Council wants On the other hand, the Council has given the community a lot of opportunity. There will probably be more movement out to 42/52 towards the end of what would be the absorption for this retail. Council Member Baxter stated there may be some retail that will not go there because they will not go east. And if they cannot go east, they will go south. Ms. Lindquist stated staff can tell CSM the Council will consider it, though it is no guarantee. Mayor Droste and Council Members DeBettignies, Baxter and Shoe Corrigan stated they are open to the idea. Council Member Sterner stated he is not open to it. Council Member Baxter departed the meeting at 10:28 p m. Other Updates Council Member Sterner reported League of Cities was a good experience, and he learned a lot. He went to a leadership conference and came away with some good ideas He met with a number of Congressmen as well. Mayor Droste stated the telecom bill rewnting could affect the City regarding franchise fees. Regarding transportation issues, it is ironic to hear federal people indicate the system is ineffective because it is based on equity They believe it should be moved back out to the states and local government and should be fee based. Council Member Sterner added he sat in on an eminent domain hearing and found it fascinating to hear other people from around the country discuss the issue. Mayor Droste adjourned the meeting at 10:32 p.m. Respectfully Submitted, Allison Burr, Recording Secretary