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Minutes of May 7, 2002 Regular City Council Meetingle 6 A ROSEMO Pursuant to due call and notice thereof a regular meeting of the duly held on Tuesday, May 7, 2002, at 7 30 p m at the Rosemou West, in the Council Chambers Mayor Busho called the meeting to order with Council Members Edwards present Also in attendance were City Administrator Community Development Director Parsons, City Planner Pearson, Schultz, City Engineer Brotzler, Police ChiefKalstabakken, and C The meeting was opened with the Pledge of Allegiance Agenda Changes City Administrator Burt presented revisions to the minutes of Apn Public Comment Kan Bulera and Todd Anderson, 4290 147 Street West, stat monkeys as domesticated pets Bulera stated she felt lost in ordinance was reviewed and revised by the Planning Commissi pointed out that all their neighbors were present in the audience 1 that they own Bulera presented a report to the Council with 1 Florida, petitions and letters in support, and health and disease inf City Council will be considenng the animal ordinance at the next C MOTION by Cisewski to direct staff to prepare an amendment to to include the Rosemount Park. Trail and Open Space Plan and Dev the (1991) Comprehensive Park Plan and Development Guide Sec Cisewski, Busho, Riley, Edwards Nays None Motion carried American Legion Poppy Day Proclamation Mayor Busho was approached by the American Legion Post 65 Lad 17, 2002 as Poppy Day The donations received for this project will war dead and also for some local chanties Council supported this pr MOTION by Busho to approve the Poppy Proclamation declaring i m Rosemount, Minnesota Second by Edwards Ayes Cisews Klassen Nays None Motion carried NT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 osemount City Council was City Hall, 2875 145 Street lassen, Cisewski, Riley and City Attorney LeFevere, arks and Recreation Director sultant Engineer Weiss and Apnl 16, 2002 d their support of allowing e shuffle when the animal n and City Council Bulera support of the pet monkeys ormation from the State of rmation regarding monkeys mmittee of the Whole Amendment to 2020 Comprehensive Plan for Rosemount Park, and Open Space Plan and Development Guide Parks and Recreation Director Dan Schultz explained that the curre t plan was ten years old and needed updating Ingran and Associated were contracted to a alyze data, trends, growth, refurbishing needs, and take input from city commissions and resin -nts A very thorough report was presented containing guidance for future parks, trails and op space for the city leaders Council agreed the report would be a good tool for future developm nt needs e 2020 Comprehensive Plan lopment Guide that replaces d by Riley Ayes Klassen, es Auxiliary to declare May be used to pay tribute to the clamation ay 17, 2002 as Poppy Day Busho, Riley, Edwards, 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 Consent Agenda Council Member Klassen noted the revisions presented earlier that she proposed for the minutes of April 2 and 16 Item 6 a Klassen also requested that Items 6 c Minutes of March 2 and April 23, 2002 and Item j Deferring Action on Smoking in Restaurants and Bars be considered after discussion Council agreed to amend the agenda MOTION by Edwards to approve the Consent Agenda with the revisions to the April 2 and Apnl 16 regular City Council minutes and pulling Items 6 c and 6 j for discussion Second by Riley Ayes Busho, Riley, Edwards, Klassen, Cisewski Nays None Motion carried a Minutes of Apnl 2 and 16, 2002 Regular City Council Meetings (revised) b Minutes of April 10, 2002 Committee of the Whole c Discussion d Bills Listing e Receive Donation for Parks Recreation Department f Expenditure From Donation Account for Parks and Recreation Department g Resignation of Employee h Accounts Payable Clerk and Utility Billing /Deputy Registrar Clerk Position Openings 1 Seat Belt Usage and the Safe Sober Program J Discussion k Rezoning Holiday Companies, 15066 Chippendale Avenue 1 Approve Plans Specs/ Authorize Ad for Bid for 140th Street East Devel Area, City Prod 349 m Approve Plans Authorize Ad for Bid for Hawkins Pond Bank Stabilization, City Project 328 n Approve Plans Authonze Ad for Bid for South Rose Park Area Streets and Utilities, C P 325 o Approve Change Order #1 for Marcotte Pond Lift Station, City Project 338 p Approve Change Order #1 for Bloomfield 4th Phase 1, City Project 341 q. Approve Change Order #1 for Bloomfield 4th Phase 2, City Project 341 Approve Plans Specs /Authorize Ad for Bid for Evennoor Glendalough St Utility CP 348 s. Recen e Feasibility Report Set Public Hearing for Chippendale 42 Reconstruction, C P 344 t. On Public Premise Liquor Provider u Ratification of Fire Dept Appointments City Hall Payments w. Hiring of Part Time Parks Recreation Secretary 6.c. Minutes of March 2 and April 23, 2002 Goal Setting Special Meetings Council Member Klassen had remembered some youth initiative goals which she would like included in the listed items noted in the goals One was the continued participation of the Healthy Promise Program and the other was the Skateboarding Park Committee City Attorney LeFevere noted that this should be considered under Old Business, as the minutes are correct as stated Klassen agreed to that consideration Action was moved to the later part of the meeting 6.j. Deferring Action on Smoking in Restaurants and Bars Council Member Klassen thought the request for a resolution defe item was a pre emptive move Council Member Cisewski was not was not necessary at this time Mayor Busho noted this informal update to City Council and this response is very similar to the r enacted Council Member Edwards also noted this was premature taken Council Member Riley was comfortable with the resoluti refer this to a future time Public Hearing: Connemara Trail Phase 2, Street Utility Im City Project 343C, Trunk Highway 3 to Biscay Mayor Busho reviewed the public heanng process for the audienc the heanng was properly noticed and published and the affidavits w Consultant Engineer Bret Weiss from WSB Engineering gave an o will be three phases, Connemara Trail City Project 343A, Broc Interceptor and Trunk Storm Sewer, City Project 343B, and Bisca Biscayne Avenue 343C will be considered tonight This project 1 Biscayne Avenue from the existing urban section, north to the prop Church Biscayne Avenue is proposed to be reconstructed as a 52- sanitary sewer, watermain and storm sewer The funding will assessments and State 429 process which includes a public hearing the project and ordering the preparation of plans and specifications This project with the future phases will provide looping throughout the storm sewer system will solve high water problems at Keagen L of the sanitary sewer under Highway 3 to the eastern sections of R improvements for the development of Rosemount Mayor Busho opened the Public Heanng for public comment howev MOTION by Busho to close the Public Hearing Second by RI Klassen, Cisewski, Busho Nays None Motion carved MOTION by Edwards to adopt A RESOLUTION ORDERIN ORDERING THE PREPARATION OF PLANS AND SPEC CONNEMARA TRAIL PHASE 2 (TRUNK HIGHWAY 3 TO ADDITION) STREET UTILITY IMPROVEMENTS, CITY by Cisewski, Ayes Edwards, Klassen, Cisewski, Busho, Riley Nays Appeal of Planning Commission Interpretation to Board of App Mr. Yang, 6593 142 Street East Mayor Busho reviewed the public heanng process for the audience 7 the hearing was properly noticed and published and the affidavits weri 3 ROSEMO NT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 ng action to the State on the opposed but did feel that this n was included in a weekly cent phosphorous legislation d that no action needed to be request Consensus was to ovements, e Pointe 4th Addition The city clerk affirmed that re on file erview of the project There ay Draw Sanitary Sewer Avenue City Project 343C ludes the reconstruction of sed entrance to St Joseph's of wide urban section with e in part through special taff recommends approving ie whole watermain system, ke, and allow the extension semount These are needed there was none offered y Ayes Riley, Edwards, THE PROJECT AND FICATIONS FOR THE SCAYNE POINTE 4TH ROJECT 343C. Second one Motion carried als and Adjustments for ie city clerk affirmed that on file ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 City Planner Pearson reviewed the denial of the Planning Commission for a 3,200 square foot bam at 5693 142nd Street East, which has less than twenty acres The accessory structures are limited by code to 2,400 sq ft for a total square footage of all the buildings on the property Mr Vang also hopes to move green houses on the property in the future His use is foi cash crops which is an agricultural use, however, when the lot is less than twenty acres it has restrictions on total square footage of all buildings Mary and Shu Vang, daughters of Mr Vang, spoke in favor of the variance appeal She explained the business as commercial produce with sales and storage needed in the new barn Vain!, said they are willing to negotiate the size of the barn The family felt this would improve their family business and that their new comer at County Road 42 and Highway 55 would be more successful Council Member Klassen noted that in essence that is part of the problem, that agriculture is not meant to be allowed for a business with additional traffic MOTION by Busho to close the public heanng for Mr Vang's vanance appeal Second by Riley Ayes Five Nays None Motion tamed MOTION by Klassen to uphold the staff interpretation of Section 7 2 A 6 of the Zoning Ordinance Second by Edwards Discussion ensued Ayes Cisewski, Busho, Riley, Edwards, Klassen Nays None Motion carried Council Member Cisewski noted this type of issue keeps coming up and suggested that it be addressed at a work session to find alternatives and give more direction to staff Cisewski questioned if plant sales are the same as produce sales Council Member Edwards directed the Vang family to come back and explore the possibility of changing this to a commercial zoning issue or some other alternative with the city staff Mayor Busho noted that at times alternatives can be devised and allowed with City Council consideration City Administrator Burt noted that through state agnculture law, produce sales are allowed on agriculturally zoned land So this land use request is allowed with a produce stand. FTTH Franchise Application Competitive Cable System City Administrator Burt introduced Attorney Robert Voss from Kennedy and Graven, Chartered Voss reviewed the negotiations with Fiber To The Home (FTTH) and the FTTH application Voss' report summarized the proposal and build -out schedule, and the qualifications of FTTH A resolution was attached by which the Council could approve the application if desired The Charter Cable Franchise is compared with the FTTH proposal The Minnesota Public Utilities Commission has also reviewed and approved FTTH for phone service and so these qualifications concur with cable service qualifications The build out schedule covers more area than Charter Cable offers There are very few cities that have competitive cable services The City of Morns has this situation and Federated Telephone uses the same system, and what FTTH has proposed a faster build -out than what the City of Moms has negotiated 4 Council Member Edwards said that the staff report fully satisfie clear document to understand Edwards thanked staff. Council Member Riley asked how does FTTH plan to do a build- using Optical Usage and can do slightly more homes in Rosem further financial support information Voss noted that the comp and has received their approval Klassen asked if the $50,000 company would go under, would the City be forced to continue there is no obligation by the City to complete the system Voss reviewed the build -out map with five phases to the const would go beyond what Charter is now serving The build -out co areas and would be completed by 2011 Charter has been here serviced all of the city FTTH would include a full communicat Internet, enhanced video, and as a local phone company This is offer. John Schultz, representing FTTH, noted that they do plan on bein competitive with Charter Cable, the industry standard would call and FTTH would hope to do much more than that FTTH has run plan, followed a cash flow process which all indicated the prosper the future The first phase would include Evermoor, the schools 2 homes along Shannon Parkes ay The installation process would r right -of -ways Hook up would not be required, and could be don talked with Independent School Distnet 196 and would offer the video since that is provided by Charter Cable now The priv approached yet Additions to Goals for the City of Rosemount Council Member Cisewski asked that the minutes of the goal settin to this discussion Council agreed that the minutes were accurate to t Council Member Klassen expressed her wish to add youth progr recognition and credit to those who have participated in these pr appreciates the Healthy Promise, Healthy Community program, Ame Shadowing program, the American Fellow grant that allows an additt and the Skateboard Park Committee that has given youth a look planning process It was noted that although these items are note wort 5 ROSEMO NT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 all his questions and was a t faster? Voss noted that it is t per area Riley asked for y has gone through the state assurnty is enough? If this his service Voss noted that ction The first three phases ers the current development fteen years and has not yet f[hn package with high speed ore than Charter Cable can MOTION by Edwards to adopt a RESOLUTION APPROVIIjG CABLE FRANCHISE APPLICATION BY FTTH. Second by Riley Ayes Busho, Riley, Edwards, Klassen, Cisewski Nays None Motion carried MOTION by Cisewski to approve the minutes of March 2 and 4pri 23, 2002 Goal setting Special Meetings as presented Second by Klassen Ayes Riley, E wards, Klassen, Cisewski, Busho Nays None Motion carried profitable. Yet they will be or 30% of the cable market heir numbers, did a business of a sound business far into d city hall with about 380 quire burying cable in the at a later date FTTA has Internet service rather than to schools have not been sessions be approved pnor proceedings s on the goals list to give grams Klassen noted she ca's Promise program, Job mal youth advisor on staff, into city government and iy they do not have budget ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 7, 2002 implications to the City The consensus was that staff should list these on -going youth programs until their goals are reached MOTION by Klassen to add to the goals list for the City of Rosemount Healthy Community Healthy Youth and the Skateboard Committee under Parks and Recreation Second by Cisewski. Ayes Edwards, Klassen, Cisewski, Busho, Riley Nays None Motion carried Announcements Mayor Busho noted that the community -wide garage sale will be May 10th and 11th. Application forms and maps can be obtained at the three area banks, Cub Foods, and the web page Last Saturday's tree give -away and police property sale went very well Busho reviewed the city's regular meetings Council Member Klassen requested an update on banners at the next work session Executive Session MOTION by Busho to move to a closed meeting to continue the Administrator's Performance Standard and the regular City Council meeting will be adjourned following that discussion Second by Cisewski Ayes Five Nays None Motion carried The regular meeting was moved to closed session at 9 15 p m After discussion with City Administrator Burt the City Council approved the Administrator's Performance Standards Council Member Edwards did not attend the Executive Session MOTION by Klassen to approve the Performance Standards for City Admrmstrator Thomas Burt Second by Riley Ayes Busho, Riley Klassen, Cisewski Nays None Motion carried The meeting was adjourned at 9.25 p.m The City Council Agenda Packet is Clerk's File 2002 -16 6 Respectfully submitted, City Clerk Linda Jentrnk Recording Secretary