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Home My WebLink About6.a Minutes of September 2, 2003 Regular City Council Meetingrf EM # 6 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, August 19, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. LeFevere, City Engineer Brotzler, City Planner Pearson, Parks & Recreation Director Schultz, Police Chief Kalstabakken, and Finance Director May. The Pledge of Allegiance was said. Mayor Droste called the meeting to order with Council Members Shoe - Corrigan, DeBettignies, Riley, and Strayton present. Also present were City Administrator Verbrugge, City Attorney Mayor Droste called for any changes to the agenda. Staff reported that Item 8.a. Residential Planned Unit Development and Rezoning for Centex Homes received additional information from the developer which City Planner Pearson made comment in a memorandum. A letter was received from Centex Homes regarding Item 7.a. Minea EAW, City Project 351. City Administrator Verbrugge requested a Closed Executive Session to discuss pending litigation related to special assessment appeals. Mayor Droste placed that at the end of the meeting. Staff also requested that Item 6.f. Receive Bids /Award Contract for Biscayne Pointe 5 Addition Street & Utility Improvements, City Project 367 be removed from the agenda for future consideration. Mayor Droste moved to accept the agenda as amended. Second by Strayton. Ayes: Five. Nays: None. The agenda was set. Response to Public Comment: Asbury Glen Pond Mayor Droste noted that City Council would like to examine the information staff provided about the Asbury Glen Pond at a work session. Council will respond at a future meeting. Consent Agenda Council Member DeBettignies noted the removal of Item 6.f. Receive Bids /Award Contract for Biscayne Pointe 5 th Addition Street & Utility Improvements, City Project 367. MOTION by DeBettignies to approve the Consent Agenda Items a. through n. with the removal of Item 6.f. Second by Riley. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. a. Minutes of August 19, 2003 Regular City Council Meeting b. Minutes of August 9, 2003 Special Meeting C. Minutes of August 19, 2003 Special Meeting d. Bills Listing e. Expenditure Approval from Donation Account for Parks & Recreation Department h „,.,,.> Cit n, - 4367 icixpi , g. Change Order 41 — Bloomfield Vineyards, City Project #368 h. Change Order #1 — Evermoor Roundstone, City Project #361 i. Payment #9 & Final — Evermoor Glendalough Street & Utility Improvements, City Project #347 j. Authorize Agreement for Chippendale /CSAH 42 Improvements with Dakota County k. Joint Powers Agreement for Dakota County Domestic Preparedness ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 2003 1. Memorandum of Agreement to Study Public Safety Communication Services in Dakota County m. Metro Classic Homes Conditional Use Permit n. Receive Bids /Award Contract — Chippendale /CSAH 42 Improvements, City Project #344 Minea EAW, City Project 351 City Engineer Brotzler noted that this item had been continued from the August 19, 2003 regular City Council meeting. Staff has obtained additional information on the greenway corridor designation by Dakota County, Department of Natural Resources (DNR) comments, and the results of diggings for a dump site on the property. Braun Intertec conducted the testing which included fifteen ten foot deep pits dug with a backhoe. No soil staining was identified and no odors were detected. Developer Steve Ach noted that the testing was not done on the railroad right -of -way. Dakota County staff explained that the greenway corridor does not exist on this property, but the County noted that this is an opportunity for the development of a greenway corridor between UMore Park property and northern Rosemount. There is a protected wetland on the property that has a 150 foot buffer area. The proposed construction of a path and dock within the protected wetland does require a permit. City Council was satisfied with these responses combined with the information received at the August 19 meeting. MOTION by Shoe - Corrigan to adopt A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED. Second by Riley. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Residential Planned Unit Development and Rezoning - Centex Homes City Planner Pearson reviewed the proposal for a Residential Mixed -Use Planned Unit Development by Centex Homes on the property of Craig Minea and Patricia Kavorius. This would include four housing types with a total of 385 units. There would be 155 single- family homes, 60 row - houses, 58 "Carriage" houses, and 112 "Georgetown" homes. Private / public open space of about fifty acres is proposed and a public park of eight acres. Staff presented a resolution with sixteen conditions. The Planning Commission found the variance requests acceptable except for the smaller sized garages. Discussion was held regarding the variances for ponding setbacks and the high water mark around the DNR protected wetland. Three lots would be affected, but there was additional open space left on the west side of the wetland that would off -set that variance. The DNR reported they would not contest the variance. Discussion was held on having lot lines extend back through the wetland with monumentation (markers) placed at the 75 -foot conservation easement. Residents would have to be educated about not being able to erect out buildings or playground equipment past that line. The process of averaging the setbacks was used because of the preserved open space behind lots 45, 46, 47 and 48. Council Member Shoe - Corrigan was not comfortable with averaging the setbacks. Shoe - Corrigan asked of the developer what the City would gain by this concession of averaging setbacks. Discussion followed if the conservation easement should begin at 75 feet or 150 feet. Council felt that a work session was needed to reexamine the information. Council Member Strayton asked for the percentage of housing mix and how this development affects that. Pearson noted that this would bring Rosemount's housing mix to 65% for single - family housing and 35% for multi- family 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 2003 housing. The City's goal is 65% single - family housing. The City has sixty days to examine the PUD. The sixty days begins when the EAW is approved, which was done this evening. The Developer was directed to provide additional detail of housing elevations. MOTION by Shoe - Corrigan to table the preliminary plat for the Centex Homes Planned Unit Development and Rezoning to be revisited at the September 16, 2003, regular City Council meeting. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Resolution Setting 2004 Preliminary Levy and Budget Hearing Dates Finance Director May reviewed the process used to adopt a levy for 2004 and set the hearing dates required under truth in taxation laws. The State has cut funding to Rosemount in the amount of $752,000 for this year and also for next year. The City can recoup none of this in 2003 and about $460,000 of this loss in 2004. The City's projected general operating budget for 2004 has the lowest increase ever of 1.88 %. This should not impact any city services. The levy will increase 7.63 %. Because of our growth, the City's share of the property tax rate is expected to decrease by about 8.35 %. These city issues affect only a portion of the resident's property taxes, because the school district and county property taxes may also change. Residents will receive their taxation notices in early November from Dakota County. City Administrator Verbrugge noted that the City carries excess funds to continue a positive cash flow and to maintain a healthy credit rating (currently an A -1), and for unexpected expenditures. The proposed 2004 levy and budget should keep the City in a good financial position. Staff will continue to prioritize spending and keep building for the future. Finance Director May noted that the proposed levy, due to State regulations, could only be decreased from this requested amount and not increased before the final levy goes to Dakota County. DeBettignies pointed out that the City has three employee bargaining units left to settle with by December 31. The Public Hearing dates being proposed are Monday, December 1 2003, at 6:30 p.m. and if there is not enough time to respond to all those attending, it can be continued to Monday, December 8 2003, at 6:30 p.m. Following public comment, the City Council and staff have time to adjust the budget and levy for the final draft to be; presented to Dakota County no later than December 31 St MOTION by DeBettignies to adopt A RESOLUTION SETTING THE PRELIMINARY 2004 GENERAL FUND OPERATING BUDGET, THE PRELIMINARY 2004 C.I.P. BUDGETS, THE PRELIMINARY 2004 INSURANCE BUDGET AND THE PRELIMINARY 2004 LEVY AND BUDGET HEARING DATES REQUIRED BY THE CITY OF ROSEMOUNT. Second by Shoe - Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. Hiring of Community Development Director City Administrator Verbrugge reviewed the selection process used for the Community Development Director. Thirteen people were interviewed the first round and then three applicants were asked to return for a second interview. Kim Lindquist, currently at the City of 9 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 2003 Cottage Grove, was selected for the Community Development Director position. Kim has a master's degree in urban and regional planning from the University of Wisconsin - Madison and was the Principal Planner for seven years at the City of Minnetonka. Staff requests that Lindquist receive pay at the top of the scale based on her experience and qualifications. Lindquist is able to begin her employment on Monday, September 29, 2003. MOTION by Riley to adjust the salary range for the Community Development Director position and approve the hiring of Kim Lindquist as Community Development Director. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. Announcements Mayor Droste reviewed the up coming meetings. City Administrator Verbrugge suggested that the regular Port Authority meeting on September 16 be replaced with a special City Council meeting to jointly meet with the Parks & Recreation Commission and Planning Commission about the development review process. MOTION by Mayor Droste to adjourn the meeting. Second by Strayton. Ayes: Five. Nays: None. City Attorney LeFevere requested that Council adjourn to Executive Session to discuss pending litigation for law suites for special assessment appeals for the "coming soon site" and the Taco John site. This is closed due to attorney - client privilege and exempt from the open meeting law. MOTION by Droste to rescind the adjourning motion. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. MOTION by Droste to adjourn to the Closed Executive Session. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -32. 4