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Home My WebLink About9.b. Approve goals for 2009-2010AGENDA ITEM: Approve goals for 2009 -2010 A END �SECTION: PREPARED BY: Dwight Johnson, City Administrator AGENDA NO. q. b, ATTACHMENTS: Proposed Goals APPROVED BY: Obi RECOMMENDED ACTION: Approve the proposed goals for 2009 -2010 1 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting April 7, 2009 EXECUTIVE SUMMARY ISSUE The Council met twice to discuss goals for 2009 -2010 on January 17 and January 24 Subsequently, CouncilmemDer Weisensel and Mayor Droste worked with staff to write draft goals for 2009 -2010. The Council further reviewed the draft goals at the work session of March 11 and provided comments and changes. Additional staff input was also received. The proposed goals now incorporate all of the comments received to date. The "outcomes" shown on the proposed goals will provide the basis for staff to develop a work plan once the goals are adopted. RECOMMENDATION The Council should either adopt the goals as currently written or direct staff on any changes needed. Communication GOALS for CITY of ROSEMOUNT 2009 -2010 Implement purposeful conversation strategies with the public and private organizations fostering actions and results to educate, promote, involve, sustain and strengthen the community. Outcomes Initiate business newsletter Maintain business electronic mail list Visit at least 50 businesses Update new resident booklet Increase citizen engagement by holding at least three town hall meetings Link City services to other community groups Efficiency /Services Provide exceptional City services at a cost -value proposition supported by the citizens. Outcomes Update Emergency Operations Plan Continue to decrease City tax burden Expand long range financial planning Maximize grant opportunities Continue planning for senior programs and facilities Begin citywide performance measurement of City services Partnerships Combine focus and resources with cooperating local and regional governmental agencies, businesses and civic organizations to develop common cultural and economic opportunities. Outcomes Improve transit services and facilities by developing a downtown park and ride lot and improving routes to Minneapolis Partner with neighboring cities, Dakota County and the metro region on economic development marketing Continue to establish partnerships with civic and non profit organizations Infrastructure/Facilities Increase the value and extend the useful life of the City's physical structures, parks, utility systems and similar assets. Outcomes Establish future uses for the former St Joe's Church Campus and plan building renovation Create a new athletic complex in cooperation with UMore Park and DCTC Investigate opportunities to add recreational facilities and other amenities Growth Ensure balanced community and economic development offering residents a safe and well planned neighborhood environment in which to live, work, shop and play. Outcomes Finalize 2030 Comprehensive Guide Plan Investigate development of at least one shovel ready commercial /industrial opportunity with private development partner(s) Update and enhance community information database Pre -plan access and development options for key commercial and industrial sites Continue to participate in studies and plans for UMore property Enhance Parks Master Plan with more study of athletic field needs Develop plan to meet or exceed 2030 job growth projections y IL V) unl CO 0 k z 0 k c a. X 5 E co 0 c .2 k c z. J Y. o. o 0 8 X 0= E. E frA 0 E 82 �0 k u ce ceS 00= k csi 4 ROSEMOUNT 001LC M E M O R A N D U M To: Mayor and Council Members From: Dwight Johnson, City Administrator Date: April 7, 2009 Subject: Council Agenda Update ADMINISTRATION 1. ADDITIONAL INFORMATION: OLD BUSINESS 8.a. Liquor Violation Applebee's Restaurants North, LLC, dba Applebee's Neighborhood Bar and Grill. Attached is correspondence from Kate Becker, attorney for Applebee's Restaurants North, LLC. 2. ADDITIONAL INFORMATION: NEW BUSINESS 9.a. Request by Kraus Anderson for an Amendment to the Planned Unit Development Agreement for South Robert Commons to allow the building to be temporarily constructed to 12,168 square feet. Attached for consideration are the revised Resolution and First Amendment to the Planned Unit Development Agreement. Madigan Dahl Harlan RA. April 3, 2009 City Hall of Rosemount 2875 145 Street West Rosemount, MN 55068 Dear City of Rosemount: Katherine E. Becker (612) 604 -2592 becker @mdh- law.com Campbell Mithun Tower 222 South Ninth Street Suite 3150 Minneapolis MN 55402 T (612) 604 -2000 F (612) 604 -2599 mdh- law.com RIECENTS APR 6 2009 CITY OF FlOSEKILIV Re: Applebee's Restaurants North, LLC d/b /a Applebee's Neighborhood Grill Bar Our office represents Applebee's Restaurants North, LLC d/b /a Applebee's Neighborhood Grill Bar "ARN in connection with the liquor license violation that occurred at Applebee's in Rosemount on April 24, 2008. As the City is aware, when the April 24, 2008 liquor violation occurred, the City of Rosemount took the position that that violation should be treated as ARN's third violation. In response, ARN took the position that the April 24, 2008 liquor violation should instead be treated as their first violation rather than their third. The basis for ARN's position in this regard was due to the fact that in 2007 the then owner of Applebee's, Apple American Limited Partnership, sold the Rosemount Applebee's location to ARN. As a result of the sale of the business, the new owner was required by the City of Rosemount to undergo the process to obtain approval to hold the on -sale intoxicating liquor license issued by the City of Rosemount. Accordingly, because a new owner owned the Rosemount Applebee's at the time of the April 24, 2008 violation, Applebee's took the position that the penalty imposed for the April 24, 2008 violation should be based on a first, rather than a third, violation. However, because ARN wanted to be responsive to the April 24, 2008 liquor violation, it took immediate and voluntary steps to ensure that another similar violation did not occur in the future. Specifically, ARN took the following steps: 1. Applebee's re- trained the entire hourly and salaried staff on the Serve Safe Alcohol Program; 2 Applebee's terminated the server who was responsible for the April 24, 2008 liquor violation; L:\A- G\Applebee's\Rosemount Liquor Violation \Corr \City of Rosemount Re License Violation 040109.doc City Hall of Rosemount April 3, 2009 Page 2 3. Applebee's gave a written warning to the manager on duty the night of the violation and informed her that she would be terminated if another violation occurred while she was on duty; 4. Applebee's gave the general manager a written warning and put her on notice that she would be terminated if another violation occurred; and 5. Applebee's instituted a new carding policy such that every guest, regardless of age, must show identification at the time of an alcohol order, and every server and bartender must enter the date of birth from the guest identification on every alcohol order or no drink will be provided. In addition to taking the voluntary steps listed above, ARN attempted to negotiate a penalty with the City such that they were willing to agree to serve a much higher penalty than a typical first -time violation would receive. However, ARN continually maintained (and still maintains today), that it should not receive the same penalty that a third violation typically receives from the City of Rosemount. Unfortunately, the City of Rosemount and Applebee's were unable to come to an agreement on what the negotiated penalty should constitute. Accordingly, the parties mutually agreed that the issue of whether or not the April 24, 2008 violation should be treated as a first or third violation for the new Applebee's owner should be decided by an Independent Hearing Officer. As you are aware, the Independent Hearing Officer recently issued his Findings of Fact and Recommendation. Specifically, he found that under Minnesota Law that: "The City should not impose the proposed fine /suspension based upon a finding of third violation by ARN. The City should not justify the proposed fine /suspension upon a finding, either express or implied, that this is ARN's third violation. The statement of uncontested facts establishes that the offenses of March 24, 2005, and July 26, 2007, were committed while the licensee was AALP, not ARN." Additionally, the hearing officer, in his Recommendation, stated that the City could consider other factors in determining the penalty for the new owner as long as the City provided a reasonable basis for the imposition of the fine /suspension, but did not rely upon a finding of a third violation by the new owner. Accordingly, to that end, ARN respectfully urges the City Council to adopt the Independent Hearing Officer's recommendation that the April 24, 2008 violation was in fact a first violation. Additionally, ARN urges the City Council to impose a penalty consistent with a first violation, which includes a $500 civil penalty. In urging the City to impose a penalty based on a finding that it is only the first violation for ARN, ARN believes it is important and significant that it voluntarily took the significant steps listed above to address the April 24, 2008 violation on its own. As the City is aware, the previous owner did not take these similar steps, which further evidences the fact that the City Hall of Rosemount April 3, 2009 Page 3 new owner has appropriately dealt with any issue that existed at the Applebee's in Rosemount. ARN respectfully requests that the City Council adopt the Independent Hearing Officer's recommendation and determine that the April 24, 2008 violation was in fact ARN's first violation and that a corresponding penalty of $500 should be imposed. Thank you for your consideration. Very truly yours, MADIGAN, DAHL HARLAN, P.A. Katherine E. Becker KE CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009 A RESOLUTION APPROVING A MINOR AMENDMENT TO THE SOUTH ROBERT COMMONS (PHASE 1) PLANNED UNIT DEVELOPMENT AGREEMENT FOR KRAUS ANDERSON, INC. WHEREAS, the City of Rosemount has received an application from the Kraus Anderson, Inc. requesting a minor amendment to the South Robert Commons Planned Unit Development Agreement concerning property legally described as: Lot 1 Block 1 of South Robert Commons, Dakota County, Minnesota; and WHEREAS, the amendment would allow Kraus Anderson to temporarily construct only the first 12,168 square feet of the building; and WHEREAS, upon Kraus Anderson signing leases for the entire 17,027 square feet of the original approval, Kraus Anderson will complete the construction of the entire building; and WHEREAS, staff finds the proposed amendment is eligible for a minor amendment and administrative approval because it does not violate any of the six criteria listed in Section 11 -10 -6 of the City Code related to determining major and minor PUD amendments, and WHEREAS, staff finds the construction of the permanent portions of the building meet or exceed the standards contained in the original PUD and that the design of the temporary north facade is consistent to that approved for the temporary walls approved at the new St. Joseph's Church, and WHEREAS, on April 7th, 2009, the City Council of the City of Rosemount reviewed the application and staff's recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves a Minor Amendment to the South Robert Commons (Phase 1) Planned Unit Development Agreement for Kraus Anderson, Inc., subject to conditions: 1. Execution of a PUD amendment agreement. 2. Installation of foundation plantings at the foundation of the north temporary wall. 3. Installing a fifth eight foot tall Colorado Blue Spruce tree on the north side of the temporary wall and aligning the five threes in a more natural looking zig -zag pattern. ADOPTED this 7th day of April, 2009, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk RESOLUTION 2009- Motion by: Second by: Voted in favor: Voted against: Member absent: 2 FIRST AMENDMENT TO THE SOUTH ROBERT COMMONS (PHASE 1) PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this day of 2009, by and between Kraus Anderson, Inc., a Minnesota Corporation, (hereinafter referred to as the "Declarant and the CITY OF ROSEMOUNT, a Minnesota Municipal Corporation (hereinafter referred to as the "City WHEREAS, the Declarant is the owner of the real property described as Lot 1, Block 1, South Robert Commons, Dakota County, Minnesota, (hereinafter referred to as the "Subject Properties and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "South Robert Commons (Phase 1) Planned Unit Development Agreement" dated April 2009, and recorded with the Dakota County Recorder as document number on 2009 (hereinafter referred to as the "Planned Unit Development Agreement and WHEREAS, the Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, which amendment has been approved and consented to by the City of Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its officers affixed hereto. WHEREAS, the Declarant is unable to secure full funding to construct the entire building with the only the pre -lease of space to Health East and wishes to temporarily construct only 12,168 square feet of the originally approved 17,027 square foot building. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the Planned Unit Development Agreement except as modified herein. 1 9•a. A. City Resolution No. 2009 Attachment One B. Concept Site Plan Revised 04/01/2009, Attachment Two, shall replace Concept Site Plan Revised 03/12/2009 C. Landscape Plan Revised 04/01/2009, Attachment Three, shall replace Landscape Plan Revised 03/12/2009 D. Floor Plan Revised 04/01/2009, Attachment Four, shall replace Floor Plan Revised 03/12/2009 E. Exterior Elevations Revised 04/01/2009, Attachment Five, shall replace Exterior Elevations Revised 03/12/2009 F. Color East Elevation Dated 04/01/2009, Attachment Six, and Color North Elevation Temporary Wall Dated 04/01/2009 shall replace Color Elevation Revised 03/12/2009 G. A waiver from City Code Section 11 -4 -11 G. 1. Building Design Standards shall be allowed for the North Temporary Wall to allow the use of EIFS as illustrated in the Exterior Elevations Revised 04/01/2008 and the Color North Elevation Temporary Wall Dated 04/01/2009. 2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 3. The obligations and restrictions of this Amendment run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Amendment may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. 4. The Declarant shall construct the full building as described in the Planned Unit Development Agreement within five (5) years of the date of the approval of this Declaration. 5. The wavier from City Code Section 11 -4 -11 G. 1. Building Design Standards as described in Paragraph 1 G. shall expire five (5) years from the date of the approval of this Declaration, or at the time of the completion by Declarant of a building and request for a certificate of occupancy on Lot 2, Block 1. South Robert Commons (which is adjacent to the Subject Property), whichever occurs first. Declarant understands and agrees that no certificate of occupancy will be issued for Lot 2, Block 1, South Robert Commons until the North Temporary Wall on the Subject Property is brought into co mpliance with City Code Section 11 -4 -11 G. 1.l3uilding Design Standards. 2 6. Upon completion of the construction of the full (17,260 square feet) building as described in the Planned Unit Development Agreement this Declaration shall terminate and be of no further force or effect and the City shall record such documents in recordable form as are necessary to terminate this Declaration. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA COUNTY OF s s. DECLARANT Kraus Anderson, Inc. By Bruce Engelsma Its President The foregoing instrument was acknowledged before me this day of 2009, by and the and for and on behalf of the Kraus Anderson, Inc., a Minnesota Corporation, by and on behalf of said corporation. 3 Notary Public This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor STATE OF MINNESOTA ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2009, by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation. THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145 Street West Rosemount, MN 55068 651- 423 -4411 4 And by: Amy Domeier, City Clerk Notary Public FIRST AMENDMENT TO THE SOUTH ROBERT COMMONS (PHASE 1) PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this day of 2009, by and between Kraus Anderson, Inc., a Minnesota Corporation, (hereinafter referred to as the "Declarant and the CITY OF ROSEMOUNT, a Minnesota Municipal Corporation (hereinafter referred to as the "City WHEREAS, the Declarant is the owner of the real property described as Lot 1, Block 1, South Robert Commons, Dakota County, Minnesota, (hereinafter referred to as the "Subject Properties and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "South Robert Commons (Phase 1) Planned Unit Development Agreement" dated April 2009, and recorded with the Dakota County Recorder as document number on 2009 (hereinafter referred to as the "Planned Unit Development Agreement and WHEREAS, the Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, which amendment has been approved and consented to by the City of Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its officers affixed hereto. WHEREAS, the Declarant is unable to secure full funding to construct the entire building with the only the pre -lease of space to Health East and wishes to temporarily construct only 12,168 square feet of the originally approved 17,027 square foot building. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the Planned Unit Development Agreement except as modified herein. 1 A. City Resolution No. 2009 Attachment One B. Concept Site Plan Revised 04/01/2009, Attachment Two, shall replace Concept Site Plan Revised 03/12/2009 C. Landscape Plan Revised 04/01/2009, Attachment Three, shall replace Landscape Plan Revised 03/12/2009 D. Floor Plan Revised 04/01/2009, Attachment Four, shall replace Floor Plan Revised 03/12/2009 E. Exterior Elevations Revised 04/01/2009, Attachment Five, shall replace Exterior Elevations Revised 03/12/2009 F. Color East Elevation Dated 04/01/2009, Attachment Six, and Color North Elevation Temporary Wall Dated 04/01/2009 shall replace Color Elevation Revised 03/12/2009 G. A waiver from City Code Section 11 -4 -11 G. 1. Building Design Standards shall be allowed for the North Temporary Wall to allow the use of EIFS as illustrated in the Exterior Elevations Revised 04/01/2008 and the Color North Elevation Temporary Wall Dated 04/01/2009. 2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 3. The obligations and restrictions of this Amendment run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Amendment may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. 4. The wavier from City Code Section 11 -4 -11 G. 1. Building Design Standards as described in Paragraph 1 G. shall expire five (5) years from the date of the approval of this Declaration, or at the time of the completion by Declarant of a building and request for a certificate of occupancy on Lot 2, Block 1. South Robert Commons (which is adjacent to the Subject Property), whichever occurs first. Declarant understands and agrees that no certificate of occupancy will be issued for Lot 2, Block 1, South Robert Commons until the North Temporary Wall on the Subject Property is brought into compliance with City Code Section 11 -4 -11 G. 1. Building Design Standards. 5. Upon completion of the construction of the full (17,260 square feet) building as described in the Planned Unit Development Agreement this Declaration shall terminate and be of no further force or effect and the City shall record such documents in recordable form as are necessary to terminate this Declaration. 2 IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA ss. COUNTY OF Kraus Anderson, Inc. By Bruce Engelsma Its President The foregoing instrument was acknowledged before me this day of 2009, by and the and for and on behalf of the Kraus Anderson, Inc., a Minnesota Corporation, by and on behalf of said corporation. 3 DECLARANT Notary Public This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor STATE OF MINNESOTA COUNTY OF DAKOTA ss. And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2009, by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation. THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145 Street West Rosemount, MN 55068 651- 423 -4411 Notary Public Sheet Title: CONCEPT SITE PLAT A -1 g C g c 2 9 s a N 18 o m Q w t o F. SOUTH ROBERT COMMONS PHASE 1 KRAUS ANDERSON REALTY C O M P A N Y SOUTH ROBERT TRAIL LOWER 147TH STREET ROSEMOUNT, MINNESOTA I ha.by a rtlly that Ub plan, .o.iii- a I *"K 11 censed in the state Li of f• f inn danieis R C H I T E C T S Typed Nom. 2145 Saint Paul, to Parkway, ota �56i 6 65t690.5525 Fax 690.5545 www.mn- dudes oom Registration Number Dot. O z m 0 o z 2 R Ri L LOWER 147TH STREET (5) STALLS (1) STALLS S'•S" (ROJU. SETBACK) 0.81 10'-0" BUFFER TARO 58974'30 "W W 6 -0 5890725E 177.76 t 'O 2 mr1 O n a� 0 m v a 2. cn m r 0 0 0 z IA 0 37 5.0• z ABOVE PARKING 8UMACE N Z In m r WALK DEPt? ,I/' AS NOTED ON PLAN s e m X D z N O O z v r fri s B 0 DL NO 1. CONT. 136 STELLA DE ORO HEMEROCALLIS DAYULY STELLA DE ORO' PERENNIALS 000 8 2 8 7 a 0 *0 l a n I SHRUBS ....P. o UNDERSTORY TREES 00 inn daniels S33ML Alp1S213A0 I I SYMBOL ABBR. I 92E I QTY. I CO NON NAME BOTANCAL NAME NOTES LANDSCAPE SCHEDULE FS AW BC KL N J TA CBS SS GL RM NO. 1 CONT. NO. 3 CONT. NO. 5 CONT. N0. 5 CONT. NO. 5 CONT. 4' BB 8' BB 1 1/2- BB 2 1/2- B8 2 1 /2" BB 63 38 t 62 30 t A GRO -LOW FRAGRANT SUMAC ANTHONY WATERER SPIREA AUTUMN MAGIC BLACK CHOKEBERRY DWARF KOREAN LILAC MEDORA JUNIPER TECHNY ARBORVITAE COLORADO BLUE SPRUCE SPRING SNOW CRAB CREENSPIRE LINDEN RED MAPLE 'RED SUNSET' RHUS AROMATICA 'GRO -LOW SPIRAEA X BUMALDA 'ANTHONY WATERER' ARONIA MELANOCARPA 'AUTUMN MAGIC' SYRINCA MEYERI 'PALIBIN' JUNIPERUS SCOPULORUM MEDORA' THUJA OCCIDENTALS 'TECHNY' PICEA PUNGENS GLAUCA MALUS X HYBRIDS 'SPRING SNOW IIUA CORDATA 'GREEN SPIRE' ACER RUBRUM 'RED SUNSET' EQUALLY SPACE IN PLANTING BED AREA I 1 1 1 1 I I ANDSCAPE RFOUIRFIFNT CAI GUI ADONS PLANTINGS REQUIRED: 69,416 S.F. r 1 TREE PER 3,000 S.F. 23 1REES REWIRE() 671 L.F. FRONTAGE OF SWUNG (1 PER 10 FT) 67 SHRUB/FOUNDA110N PLANTING REQUIRED PLANTINGS PRONGED: OYERSTORY TREES 0 2 1/2 10 UNITFRSTORY TRFFS 0 1 112' 8' 9 4 R T R 6 4 1 otis 8ei n M n it Q an i L s rn n n i Y v a Tx W g y Hs i a m Pa E F 7 g, 2 F m g tm RA g 8° g g gA 9 8 to 1 1 i :12 'i 2" A Q y i P y. t o i o y p m i a y y z m c N t', f A n A. o m 2_ j N A 9m 9 g Al X Q X 2 �a F A 0 A N 4 n A 2,-. o f a 2 m� b 6 E F 5' R tl @)a; X 4m am 4 ig as Fs Al Q 4 23 -A sz a 3= pR FA 0:' 4 m Fi 2 P yy p F� Z O 'A 11 a 2 mx 4m g i i g 9 m 0 0 0 m m z ni v r 1p y4' MM. 1 a 4 4 4 0 0 m 8 2 8 7 a 0 c Y l a n l m Q x i o SOUTH ROBERT COMMONS PHASE 1 KRAUS ANDERSON REALTY COMPANY SOUTH ROBERT TRAIL. 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