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HomeMy WebLinkAbout6.a. Minutes of December 21, 2004 Regular City Council MeetingFirst Draft Note staff has not reviewed due to my vacation and theirs, phis the holidays Revisions will be provided pnor to meeting Linda Jentink, City Clerk 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 21, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Strayton, Riley, Shoe Corrigan, DeBettignies present. Council Members Elect Sterner and Baxter attended. Also present were City Administrator Verbrugge, City Attorney LeFevere, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Pohce Chief Kalstabakken, Parks Recreation Director Schultz, and Finance Director May. The Pledge of Allegiance was said. City Administrator Verbrugge noted additional information for four items on the agenda. Item 6.p. 2005 Fees and Fee Policy added memos from Parks and Recreation and Engineering departments explaining some fees; Item 6.w. Purchase Agreement for Bester Property had the recommended motion amended; Item 8.a. Purchase and Lease Agreement for St. Joseph Catholic Church had the City Attorney review and make recommended changes; Item 8.b. Rosewood Estates Comprehensive Guide Amendment added a report on commercial crime activity in Eagan and Apple Valley, a map, and comments from residents. Mayor Droste moved to accept the agenda with the additional information for Items 6.p., 6.w. and 8. a. and b. Second by Strayton. Ayes: Five. Nays: None. The agenda was adopted. Department Heads Reports /Business Police Chief Kalstabakken recommended two citizens for the Spirit of Rosemount award for saving Richard Gibbish on November 18, 2004. Mr. Gibbish was in the car wash on Burma Avenue when he passed out and hit his head Jeffrey Wilcziek heard the noise from the next bay and went to his aid. Todd Endersbe approached from outside. Mr. Gibbish remained unconscious with labored breathing Mr. Wilcziek called 9 -1 -1 and he and Mr. Endersbe preformed CPR. Police Officers Julie Rauenhorst and Beth Richtsmeier arrived within a couple of minutes and were able to provide oxygen and used the Automatic External Defibrillator until Mr. Gibbish could breathe on his own. Mr. Gibbish was transported to the hospital. Police Chief Kalstabakken commended Jeff Wilcziek and Todd Endersbe for their quick and unselfish actions which enabled them to save the life of Mr. Gibbish. Mayor Droste presented Certificates of Appreciation to Jeff Wilcziek and Todd Endersbe and thanked them and the well- trained Rosemount Police Officers. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Recognition of Outgoing Council Members City Administrator Verbrugge recognized out going Council Member Mary Riley for her four years serving the citizens of Rosemount and Council Member Kevin Strayton who was appointed on February 28, 2003 to fill Sheila Klassen's tem.. Verbrugge thanked them for their dedication and long range planning for the City of Rosemount. Verbrugge and staff wished them well. Mayor Droste noted their help in planning development such as the library and athletic facilities which will finish in the future. Council Member Shoe Corrigan noted that the good example in citizenship set by them will continue to encourage resident participation. Council Member DeBettignies said they had served with integrity and sacrifice which helped affect residents of Rosemount. Consent Agenda City Administrator Verbrugge pulled Item 6.v. Participation in Purchase of Conservation Easement for Wiklund Property to be addressed at a future meeting. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.v. and additional information provided for Items. 6.p. and 6.w. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. a. Minutes of December 6, 2004 Special Meeting Truth in Taxation b. Minutes of December 7, 2004 Regular City Council Meeting c. Bills Listing d. Receive Donation for Parks Recreation e. Receive Donation for Community Development f. 2005 Lease Purchase g. Budget Amendments for Donations h. Change Order #1, Payment 8 and Final for Biscayne Point 4` Addition, City Project 352 1. Final Payment, Evermoor Waterford Addition, City Project 362 j. Final Payment for Well #12, City Project 354 k. Authorize Preparation of a Feasibility Report for Connemara Crossing Street Utility Improvements, City Project 391 1, Authorize Preparation of Plans and Specifications for Meadows of Bloomfield 3` Addn. CP 380 m. On Public Premise Liquor Licenses n. Medical Leave for a Firefighter o. Rosemount Firefighters Relief Association By -Law Change and Scheduled Benefit Increase P. 2005 Fees and Fee Policy q. Non -Umon Salaries for Year 2005 r. Amendment to Snowplowing Policy s. 2005 Solid Waste Hauler Licenses t. Community Center /Armory Lease Agreement with MSABC u. Community Center /Armory Maintenance Agreement with Minnesota Army National Guard v. Participation in Purchase of Conservation Easement for Wiklund Property w. Purchase Agreement for Bester Property x. Charitable Gambling License for Lions Club 2 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 y. Purchase of Skate Park Equipment Adopt Key Financial Strategies City Administrator Verbrugge reviewed the financial planning process for long -term goals. The City hired Ehlers Associates in 2003 to facilitate several work sessions to develop a Key Financial Strategies document. Verbrugge noted that this is a "living" document that will be used as a planning tool for the backbone of the city's future. The plan is intended to help the City Council consider individual issues in the much larger context of City services, taxes, community character, and future trends. Council and staff will work on timelines during 2005 to provide more clarification on specific items. MOTION by Riley to adopt the Key Financial Strategies Planning Document. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Comgan, Droste, Riley. Nays: None. Motion carried. Purchase and Lease Agreement for St. Joseph Catholic Church City Administrator Verbrugge reported that the City of Rosemount is considering purchasing land that will be the future site for a branch library of the Dakota County Library System. A Library Board was established in early 2003 to review the potential 27 library sites. The Board consisted of two Council Members, two from city staff, two from the Dakota County Library Board, and two Rosemount citizens. This list was narrowed to three properties that fit both the County's and the City's requirements The three sites were the former Sunrise Lumber site on South Robert Trail across from the entrance to the high school, the Ratzlaff block between 146 and 147 Streets on South Robert Trail in the heart of downtown, and the St. Joseph Catholic Church campus on South Robert Trail. The Dakota Library Board and Dakota County Board of Commissioners both approved the final three sites St. Joseph's moved their church to the intersection of Biscayne Avenue and Connemara Trail, but has retained the school on South Robert. The City has negotiated purchase terms which would allow the school to operate for six years. The purchase price of the property is $2,375,691.84. Relocation fees, assumed assessment and rent bring the settlement cost to $1,466.958.90. The library design process will begin in 2006 and the building is estimated to be completed in 2009. Council Member Strayton noted the sooner the better and congratulated the Library Board on this first step to bring a library to Rosemount. All school operations will remain the same until it can be moved to the new church campus. It was noted that the sanctuary has sentimental value to many Rosemount residents and that a community based initiative show be organized to determine its future public use. Council Member DeBettignies thanked Ken Buringer of Dakota County Library Board who also thanked the community for their efforts. MOTION by Riley to approve the purchase agreement and lease agreement with St. Joseph Catholic Church. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carved. Rosewood Estates Comprehensive Guide Amendment Mayor Droste noted that the public was allowed to speak two weeks ago at City Council and the Planning Commission had held a public hearing also pnor to that Droste said that comments would be taken at the end of this presentation for one -half hour allowing representatives to speak for three minutes. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Community Development Director Lindquist reviewed the history of the zoning for the parcels next to Rosewood Estates. In 1993 this land was zoned industrial, but was changed to residential by request of a developer in 2000 with a mixed -use development. Staff is not recommending that rezoning would occur now, but that it would wait for an application from an interested developer and then proceed with rezoning. Staff does recommend reguiding the property that fronts along County Road 42 west of Biscayne Avenue and north of existing commercial, east of Highway 3 to commercial which requires an amendment to the Comprehensive Guide Plan for the two properties here. Rosemount does have a shortage of available commercial property and because of the busy traffic and railroad line and spur in this area, it is better reguided as commercial. A service road from Biscayne Avenue would need to be planned because of limited access onto County Road 42. Lindquist did note that the tax rate would not be significantly increased due to this commercial development. Public comments showed concern for crime to begin in this area if commercial is allowed. Police Chief Kalstabakken conducted a survey from similar areas in Apple Valley and Eagan and found that crime was not increased. Staff found that property values increased near commercial development. Staff would look to keep commercial traffic separated from the residential area. There will be a public process which will hold a public hearing when this is considered at City Council. City Council Members and the Mayor commented on some of the concerns of resident's letters and e -mails that were presented to them. Mayor Droste opened the meeting to public comments. City Attorney LeFevere confirmed that a four fifth's vote would be necessary to move this amendment forward. Patty Dancoure, Brenner Court, urged Council to vote against this Comprehensive Guide Plan amendment. She noted that had they known of the commercial development they would not have purchased in this area. Marc Tobias, 14836 Boston Circle, reported he was looking forward to a church being built and was concerned for increases in traffic and child safety. Mr. Tobias noted that the Planning Commission did not recommend this change to zoning and he did not approve of the rezoning either. Drew Storley, 14808 Boston Circle, noted this was a difficult decision for Council. Mr. Storley asked Council what they would do if it was their house. Mr. Storley asked Council to table their vote and conduct more research and open discussion. Jeanne Kulawczyk, 2614 148 Street West, said she had purchased her dream home in this area in March, 2002. Theirs was the second house built in the development. She said it was terrible that the City had waited until the last Lots were sold before bringing up the land use change. Ms. Kulawczyk said the railroad does not bother them and she would be willing to pay more taxes to not have the commercial area there. Vicki Myers, 14810 Boise Circle, had lived a few blocks from the Mall of American and she chose Rosemount as a true neighborhood with a small town feel. This also was her dream home and she liked the quality of life here. Ms. Meyers urged Council to do what was right. 4 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Melissa Kenninger, 2734 148 Street West, noted that this reguiding of land use affects one hundred Rosemount residents and eighty children. She noted that it should be too late to turn back residential is already here. Ms. Kennmger urged Council to vote against this change Andrea Hydrangker, 14867 Bittersweet Court, said she could not understand why residential was allowed in this area. Ms. Hydrangker said this land use change will greatly affect residents here. Cheryl DeBetts, 2698 148 Street West, reported that the trains do not bother them. They love their new neighborhood and have made great friends. She asked Council from her heart to vote against this reguiding. David Kolacheck, 2814 148 Street West, was against the land use change. Renee Ward, 2602 148 Street West, reported she had listened to all the information tonight and this will be a hard decision. Council and staff have researched neighboring communities but all these neighbors did the same thing before they bought homes here. Ms. Ward noted she was looking for something else, not con\ emence, but the small town atmosphere. Mayor Droste thanked all those who had spoken. The Mayor noted that public safety is the Council's first goal. The Mayor said that children will always find the shortest route to their favorite spots and in this case, it could mean crossing a railroad track or highway. Mayor Droste recalled that many City Councils have changed land uses by rezoning when needed or when a developer has made an application to do so. The Light House Church owned the corner lot, but they were not able to move forward with their financing, so plans changed for that piece of property. Mayor Droste said that City Council would have to look to the benefits to the community as a whole. City Engineer Brotzler showed how the frontage road would eliminate any commercial traffic from interacting with the residential streets. Brotzler noted that the ponding may have to be increased in size. All Council Members voiced their concerns and appreciated the residents' comments. Council Member DeBettignies said some of the comments brought up issues from the last community survey and that the upcoming survey will also help in making decisions. MOTION by Riley to adopt a resolution amending the Comprehensive Guide Plan for two properties in the Rosewood Area from UR- Residential to C- Commercial. Second by Shoe Corrigan Ayes: Shoe Comgan, Droste, Riley, DeBettignies. Nays: Strayton. Motion carved. Mayor Droste reminded the audience that the rezoning will not occur until a developer comes forward to make application for it. Lot Split for Railroad Community Development Director Lindquist reported on the expanding railroad corridor along the southwestern and southern edges of the General Industnal area underneath US 52 crossing at 140 Street East. The larger railroad corridor will provide expanded storage space for rail cars. One parcel of land is owned by Flint Hills Resources and is essentially vacant or undeveloped land. The other parcel is owned by Metropolitan Council (MCES) and the Rosemount Waste Water Treatment Plant is operated there. Recombination of these parcels with the railroad nght- ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 of -way solves another primary concern of creating small, landlocked fragments of land. Council was agreeable with this solution MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE SERIES OF LOT SPLITS REQUESTED BY THE UNION PACIFIC RAILROAD SUBJECT TO CONDITIONS ATTACHED. Second by Shoe Comgan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe- Comgan. Nays: None. Motion carried. Announcements Mayor Droste reviewed the holidays in December and the scheduled meetings in January, 2005. Mayor Droste moved to adjourn the meeting at 10:11 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2004 -50. 6 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary R eui sea -kappcoueJ V 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday', December 21, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Strayton, Riley, Shoe Corrigan, DeBettignies present. Council Members Elect Sterner and Baxter attended. Also present were City Administrator Verbrugge, City Attorney LeFevere, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Finance Director May The Pledge of Allegiance was said. City Administrator Verbrugge noted additional information for four items on the agenda. Item 6.p. 2005 Fees and Fee Policy added memos from Parks and Recreation and Engineering depait explaining some fees; Item 6.w. Purchase Agreement for Bester Property had the recommended motion amended; Item 8.a. Purchase and Lease Agreement for St. Joseph Catholic Church had the City Attorney review and make recommended changes, Item 8.b. Rosewood Estates Comprehensive Guide Amendment added a report on commercial crime activity in Eagan and Apple Valley, a map, and comments from residents. Mayor Droste moved to accept the agenda with the additional information for Items 6.p., 6.w. and 8. a. and b. Second by Strayton. Ayes: Five. Nays: None The agenda was adopted. Department Heads Reports /Business Police Chief Kalstabakken recommended two citizens for the Spirit of Rosemount award for saving Richard Gibbish on November 18, 2004. Mr. Gibbish was in the car wash on Burma Avenue when he passed out and hit his head. Jeffrey Wilcziek heard the noise from the next bay and went to his aid. Todd Endersbe approached from outside. Mr. Gibbish remained unconscious with labored breathing. Mr. Wilcziek called 9 -1 -1 and he and Mr. Endersbe preformed CPR. Police Officers Julie Rauenhorst and Beth Richtsmeier arrived within a couple of minutes and were able to provide oxygen and used the Automatic External Defibrillator until Mr. Gibbish could breathe on his own. Mr. Gibbish was transported to the hospital. Police Chief Kalstabakken commended Jeff Wilcziek and Todd Endersbe for their quick and unselfish actions which enabled them to save the life of Mr Gibbish. Mayor Droste presented Certificates of Appreciation to Jeff Wilcziek and Todd Endersbe and thanked them and the well trained Rosemount Police Officers. Recognition of Outgoing Council Members City Administrator Verbrugge recognized out going Council Member Mary Riley for her four years serving the citizens of Rosemount and Council Member Kevin Strayton who was appointed on February 28, 2003 to fill Sheila Klassen's term. Verbrugge thanked them for their dedication and long range planning for the City of Rosemount. Verbrugge and staff wished them well. Mayor Droste noted their help in planning development such as the Library and athletic facilities which will finish in the future. Council Member Shoe Corrigan noted that the good example in citizenship set by them will continue to encourage resident participation. Council Member ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 DeBettignies said they had served with integrity and sacrifice which helped affect residents of Rosemount. Consent Agenda City Administrator Verbrugge pulled Item 6.v. Participation in Purchase of Conservation Easement for Wiklund Property to be addressed at a future meeting. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.v. and additional information provided for Items. 6.p. and 6,w. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe- Corngan, Droste. Nays: None. Motion carved. a, Minutes of December 6, 2004 Special Meeting Truth in Taxation b. Minutes of December 7, 2004 Regular City Council Meeting c. Bills Listing d. Receive Donation for Parks Recreation e. Receive Donation for Community Development f. 2005 Lease Purchase g. Budget Amendments for Donations h. Change Order #1, Payment 8 and Final for Biscayne Point 4th Addition, City Project 352 i. Final Payment, Everrnoor Waterford Addition, City Project 362 j. Final Payment for Well #12, City Project 354 k. Authonze Preparation of a Feasibility Report for Connemara Crossing Street Utility Improvements, City Project 391 1. Authorize Preparation of Plans and Specifications for Meadows of Bloomfield 3 Addn. CP 380 m. On Public Premise Liquor Licenses n. Medical Leave for a Firefighter o. Rosemount Firefighters Relief Association By -Law Change and Scheduled Benefit Increase 2005 Fees and Fee Policy q. Non -Union Salanes for Year 2005 r. Amendment to Snowplowing Policy s. 2005 Solid Waste Hauler Licenses t. Community Center /Armory Lease Agreement with MSABC u. Community Center /Armory Maintenance Agreement with Minnesota Army National Guard v. Participation in Purchase f Conservation Easement for Wiklund Property w. Purchase Agreement for Bester Property x. Charitable Gambling License for Lions Club y. Purchase of Skate Park Equipment Adopt Key Financial Strategies City Administrator Verbrugge reviewed the financial planning process for long -term goals. The City hired Ehlers Associates in 2003 to facilitate several work sessions to develop a Key Financial Strategies document. Verbrugge noted that this is a "living" document that will be used as a planning tool for the backbone of the city's future. The plan is intended to help the City Council consider individual issues in the much larger context of City services, taxes, 2 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 community character, and future trends. Council and staff will work on timelines during 2005 to provide more clarification on specific items. MOTION by Riley to adopt the Key Financial Strategies Planning Document. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Comgan, Droste, Riley. Nays: None. Motion earned. Purchase and Lease Agreement for St. Joseph Catholic Church City Administrator Verbrugge reported that the City of Rosemount is considering purchasing land that will be the future site for a branch library of the Dakota County Library System. A Library Board was established in early 2003 to review the potential 27 library sites. The Board consisted of two Council Members, two city staff, two the Dakota County Library Board members and two Rosemount citizens. This list of sites was narrowed to three properties that fit both the County's and the City's requirements. The three sites were the former Sunrise Lumber site on South Robert Trail across from the entrance to the high school, the Ratzlaff block between 146 and 147 Streets on South Robert Trail in the heart of downtown, and the St. Joseph Catholic Church campus on South Robert Trail. The Dakota Library Board and Dakota County Board of Commissioners both approved the final three sites St. Joseph's moved their church to the intersection of Biscayne Avenue and Connemara Trail, but has retained the school on South Robert. The City has negotiated purchase terms which would allow the school to operate for six years. The purchase price of the property is $2,375,691.84. Relocation fees, assumed assessment and rent bring the settlement cost to $1,466.958.90. The library design process will begin in 2006 and the building is estimated to be completed in 2009. Council Member Strayton noted the sooner the better and congratulated the Library Board on this first step to bang a library to Rosemount. All school operations will remain the same until it can be moved to the new church campus. It was noted that the sanctuary has sentimental value to many Rosemount residents and that a community based initiative should be organized to determine its future public use. Council Member DeBettignies thanked Ken Buringer of Dakota County Library Board who also thanked the community for their efforts. MOTION by Riley to approve the purchase agreement and lease agreement with St. Joseph Catholic Church. Second by DeBettignies. Ayes: DeBettignies, Shoe- Comgan, Droste, Riley, Strayton. Nays: None. Motion carried. Rosewood Estates Comprehensive Guide Amendment Mayor Droste noted that the public was allowed to speak two weeks ago at City Council and the Planning Commission had held a public hearing also pnor to that. Droste said that comments would be taken at the end of this presentation for one -half hour allowing representatives to speak for three minutes. Community Development Director Lindquist reviewed the history of the zoning for the parcels next to Rosewood Estates. In 1993 this land was reguided to residential from industrial. Staff is not recommending that rezoning would occur now, but that it would wait for an application from an interested developer and then proceed with rezoning. Staff recommends reguiding the property that fronts along County Road 42 west of Biscayne Avenue and property north of existing commercial, east of Highway 3 to commercial which requires an amendment to the Comprehensive Guide Plan for the two properties here. Rosemount does have a shortage of 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 available commercial property and because of the busy traffic and railroad line and spur in this area, it is better reguided as commercial. A service road from Biscayne Avenue would need to be planned because of limited access onto County Road 42 Lindquist did note that the taxes generated by commercial versus residential compensation are comparable. Public comments showed concern over crime in this area if commercial is allowed. Police Chief Kalstabakken conducted a survey from similar areas in Apple Valley and Eagan and found that crime was not increased. Staff reviewed information on property values near commercial development. The information makes it difficult to draw any conclusions. Staff would look to keep commercial traffic separated from the residential area. There will be a public process which includes a public hearing when a rezoning site plan is considered by the City. City Council Members and the Mayor commented on some of the concerns of resident's letters and e -mails that were presented to them. Mayor Droste opened the meeting to public comments. City Attorney LeFevere confirmed that a four fifth's vote would be necessary to move this amendment forward. Patty Dangor, 14896 Brenner Court, urged Council to vote against this Comprehensive Guide Plan amendment. She noted that had they known of the commercial development they would not have purchased in this area. Marc Tobias, 14836 Boston Circle, reported he was looking forward to a church being built and was concerned for increases in traffic and child safety. Mr. Tobias noted that the Planning Commission did not recommend this change to zoning and he did not approve of the rezoning either. Drew Storley, 14808 Boston Circle, noted this was a difficult decision for Council. Mr. Storley asked Council what they would do if it was their house. Mr. Storley asked Council to table their vote and conduct more research and open discussion. Jeanne Kulawczyk, 2614 148th Street West, said she had purchased her dream home in this area in March, 2002. Theirs was the second house built in the development. She said it was terrible that the City had waited until the last lots were sold before bringing up the land use change. Ms. Kulawczyk said the railroad does not bother them and she would be willing to pay more taxes to not have the commercial area there. Vicki Myers, 14810 Boise Circle, had lived a few blocks from the Mall of Amenca and she chose Rosemount as a true neighborhood with a small town feel. This also was her dream home and she liked the quality of life here. Ms. Meyers urged Council to do what was right. Melissa Kenninger, 2734 148 Street West, noted that this reguiding of land use affects one hundred Rosemount residents and eighty children. She noted that it should be too late to turn back residential is already here Ms Kenninger urged Council to vote against this change. Andrea Hinrichs, 14867 Bittersweet Court, said she could not understand why residential was allowed in this area. Ms. Hydrangker said this land use change will greatly affect residents here. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Cheryl DeBetts, 2698 148` Street West, reported that the trains do not bother them. They love their new neighborhood and have made great friends. She asked Council from her heart to vote against this reguiding. David Kolacheck, 2814 148 Street West, was against the land use change. Renee Ward, 2602 148 Street West, reported she had listened to all the information tonight and this will be a hard decision. Council and staff have researched neighboring communities but all these neighbors did the same thing before they bought homes here. Ms. Ward noted she was looking for something else, not convenience, but the small town atmosphere. Mayor Droste thanked all those who had spoken. The Mayor noted that public safety is the Council's first goal. The Mayor said that children will always find the shortest route to their favorite spots and in this case, it could mean crossing a railroad track or highway. Mayor Droste recalled that many City Councils have changed land uses by rezoning when needed or when a developer has made an application to do so. The Light House Church owned the corner lot, but they were not able to move forward with their financing, so plans changed for that piece of property. Mayor Droste said that City Council would have to look to the benefits to the community as a whole. City Engineer Brotzler showed how the frontage road would eliminate any commercial traffic from interacting with the residential streets. Brotzler noted that the ponding may have to be increased in size. All Council Members voiced their concerns and appreciated the residents' comments. Council Member DeBettignies said some of the comments brought up issues from the last community survey and that the upcoming survey will also help in making decisions. MOTION by Riley to adopt a resolution amending the Comprehensive Guide Plan for two properties in the Rosewood Area from UR- Residential to C- Commercial. Second by Shoe Corrigan. Ayes: Shoe Corrigan, Droste, Riley, DeBettignies. Nays. Strayton. Motion carried. Mayor Droste reminded the audience that the rezoning will not occur until a developer comes forward to make application for it. Lot Split for Railroad Community Development Director Lindquist reported on the expanding railroad corridor along the southwestern and southern edges of the General Industrial area underneath US 52 crossing at 140 Street East. The larger railroad comdor will provide expanded storage space for rail cars. One parcel of land is owned by Flint Hills Resources and is essentially vacant or undeveloped land. The other parcel is owned by Metropolitan Council (MCES) and the Rosemount Waste Water Treatment Plant is operated there Recombination of these parcels with the railroad nght- of -way solves another primary concern of creating small, landlocked fragments of land. Council was agreeable with this solution. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE SERIES OF LOT SPLITS REQUESTED BY THE UNION PACIFIC RAILROAD SUBJECT TO CONDITIONS ATTACHED. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Announcements Mayor Droste reviewed the holidays in December and the scheduled meetings in January, 2005. Mayor Droste moved to adjourn the meeting at 10:11 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2004 -50. 6 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 21, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Strayton, Riley, Shoe- Corrigan, DeBettignres present. Council Members Elect Sterner and Baxter attended. Also present were City Administrator Verbrugge, City Attorney LeFevere, Assistant Administrator Weitzel, Community Development Director Lindquist, City Engineer Brotzler, Police Chief Kalstabakken, Parks Recreation Director Schultz, and Finance Director May The Pledge of Allegiance was said. City Administrator Verbrugge noted additional information for four items on the agenda. Item 6.p. 2005 Fees and Fee Policy added memos from Parks and Recreation and Engineenng departments explaining some fees; Item 6.w. Purchase Agreement for Bester Property had the recommended motion amended; Item 8 a. Purchase and Lease Agreement for St Joseph Catholic Church had the City Attorney review and make recommended changes; Item 8.b. Rosewood Estates Comprehensive Guide Amendment added a report on commercial crime activity in Eagan and Apple Valley, a map, and comments from residents, Mayor Droste moved to accept the agenda with the additional information for Items 6.p., 6.w. and 8. a. and b. Second by Strayton. Ayes: Five. Nays. None. The agenda was adopted. Department Heads Reports /Business Police Chief Kalstabakken recommended two citizens for the Spirit of Rosemount award for saving Richard Gibbish on November 18, 2004. Mr Gibbish was in the car wash on Burma Avenue when he passed out and hit his head. Jeffrey Wilcziek heard the noise from the next bay and went to his aid. Todd Endersbe approached from outside Mr. Gibbish remained unconscious with labored breathing. Mr Wilcziek called 9 -1 -1 and he and Mr. Endersbe preformed CPR. Police Officers Julie Rauenhorst and Beth Richtsmeier arrived within a couple of minutes and were able to provide oxygen and used the Automatic ExtemaI Defibrillator until Mr. Gibbish could breathe on his own. Mr. Gibbish was transported to the hospital. Police Chief Kalstabakken commended Jeff Wilcziek and Todd Endersbe for their quick and unselfish actions which enabled them to save the life of Mr. Gibbish. Mayor Droste presented Certificates of Appreciation to Jeff Wilcziek and Todd Endersbe and thanked them and the well trained Rosemount Police Officers. Recognition of Outgoing Council Members City Administrator Verbrugge recognized out going Council Member Mary Riley for her four years serving the citizens of Rosemount and Council Member Kevin Strayton who was appointed on February 28, 2003 to fill Sheila Klassen's term Verbrugge thanked them for their dedication and long range planning for the City of Rosemount. Verbrugge and staff wished them well. Mayor Droste noted their help in planning development such as the library and athletic facilities which will finish in the future Council Member Shoe Corrigan noted that the good example in citizenship set by them will continue to encourage resident participation. Council Member 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 DeBettignies said they had served with integrity and sacrifice which helped affect residents of Rosemount. Consent Agenda City Administrator Verbrugge pulled Item 6.v. Participation in Purchase of Conservation Easement for Wiklund Property to be addressed at a future meeting. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.v and additional information provided for Items 6.p and 6.w. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays. None. Motion carried. a. Minutes of December 6, 2004 Special Meeting Truth in Taxation b. Minutes of December 7, 2004 Regular City Council Meeting c. Bills Listing d. Receive Donation for Parks Recreation e. Receive Donation for Community Development f. 2005 Lease Purchase g. Budget Amendments for Donations h. Change Order #1, Payment 8 and Final for Biscayne Point 4 Addition, City Project 352 i. Final Payment, EN ermoor Waterford Addition, City Project 362 j. Final Payment for Well #12, City Project 354 k. Authorize Preparation of a Feasibility Report for Connemara Crossing Street Utility Improvements, City Project 391 1. Authorize Preparation of Plans and Specifications for Meadows of Bloomfield 3 Addn. CP 380 m. On Public Premise Liquor Licenses n. Medical Leave for a Firefighter o. Rosemount Firefighters Relief Association By -Law Change and Scheduled Benefit Increase p. 2005 Fees and Fee Policy q. Non -Union Salaries for Year 2005 r. Amendment to Snowplowing Policy s. 2005 Solid Waste Hauler Licenses t. Community Center /Armory Lease Agreement with MSABC u. Community Center /Armory Maintenance Agreement with Minnesota Army National Guard T-- Participation in Purchase of Con „crvatron Ea„cment for Wiklund Property w. Purchase Agreement for Bester Property x. Chartable Gambling License for Lions Club y. Purchase of Skate Park Equipment Adopt Key Financial Strategies City Administrator Verbrugge reviewed the financial planning process for long -term goals. The City hired Ehlers Associates in 2003 to facilitate several work sessions to develop a Key Financial Strategies document. Verbrugge noted that this is a "living” document that will be used as a planning tool for the backbone of the city's future The plan is intended to help the City Council consider individual issues in the much larger context of City services, taxes, 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 community character, and future trends. Council and staff will work on timelines dunng 2005 to provide more clarification on specific items. MOTION by Riley to adopt the Key Financial Strategies Planning Document. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe Corrigan, Droste, Riley. Nays. None. Motion carved. Purchase and Lease Agreement for St. Joseph Catholic Church City Administrator Verbrugge reported that the City of Rosemount is considering purchasing land that will be the future site for a branch library of the Dakota County Library System. A Library Board was established in early 2003 to review the potential 27 library sites. The Board consisted of two Council Members, two city staff, two the Dakota County Library Board members and two Rosemount citizens. This list of sites was narrowed to three properties that fit both the County's and the City's requirements. The three sites were the former Sunnse Lumber site on South Robert Trail across from the entrance to the high school, the Ratzlaff block between 146 and 147 Streets on South Robert Trail in the heart of downtown, and the St. Joseph Catholic Church campus on South Robert Trail. The Dakota Library Board and Dakota County Board of Commissioners both approved the final three sites St Joseph's moved their church to the intersection of Biscayne Avenue and Connemara Trail, but has retained the school on South Robert. The City has negotiated purchase terms which would allow the school to operate for six years. The purchase pnce of the property is $2,375,691.84. Relocation fees, assumed assessment and rent bring the settlement cost to $1,466.958.90 The library design process will begin in 2006 and the building is estimated to be completed in 2009 Council Member Strayton noted the sooner the better and congratulated the Library Board on this first step to bring a library to Rosemount. All school operations will remain the same until it can be moved to the new church campus. It was noted that the sanctuary has sentimental value to many Rosemount residents and that a community based initiative should be organized to determine its future public use. Council Member DeBettignies thanked Ken Bunnger of Dakota County Library Board who also thanked the community for their efforts. MOTION by Riley to approve the purchase agreement and lease agreement with St. Joseph Catholic Church. Second by DeBettignies. Ayes: DeBettignies, Shoe- Comgan, Droste, Riley, Strayton. Nays. None. Motion tamed. Rosewood Estates Comprehensive Guide Amendment Mayor Droste noted that the public was allowed to speak two weeks ago at City Council and the Planning Commission had held a public heanng also prior to that Droste said that comments would be taken at the end of this presentation for one -half hour allowing representatives to speak for three minutes. Community Development Director Lindquist reviewed the history of the zoning for the parcels next to Rosewood Estates. In 1993 this land was reguided to residential from industrial Staff is not recommending that rezoning would occur now, but that it would wait for an application from an interested developer and then proceed with rezoning. Staff recommends reguiding the property that fronts along County Road 42 west of Biscayne Avenue and property north of existing commercial, east of Highway 3 to commercial which requires an amendment to the Comprehensive Guide Plan for the two properties here. Rosemount does have a shortage of ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 available commercial property and because of the busy traffic and railroad line and spur in this area, it is better reguided as commercial. A service road from Biscayne Avenue would need to be planned because of limited access onto County Road 42. Lindquist did note that the taxes generated by commercial versus residential compensation are comparable Public comments showed concern over crime in this area if commercial is allowed. Police Chief Kalstabakken conducted a survey from similar areas in Apple Valley and Eagan and found that crime was not increased. Staff reviewed information on property values near commercial development The information makes it difficult to draw any conclusions. Staff would look to keep commercial traffic separated from the residential area There will be a public process which includes a public hearing when a rezoning site plan is considered by the City City Council Members and the Mayor commented on some of the concerns of resident's letters and e -mails that were presented to them. Mayor Droste opened the meeting to public comments. City Attorney LeFevere confirmed that a four -fifth's vote would be necessary to move this amendment forward. Patty Dangor, 14896 Brenner Court, urged Council to vote against this Comprehensive Guide Plan amendment. She noted that had they known of the commercial development they would not have purchased in this area. Marc Tobias, 14836 Boston Circle, reported he was looking forward to a church being built and was concerned for increases in traffic and child safety. Mr Tobias noted that the Planning Commission did not recommend this change to zoning and he did not approve of the rezoning either. Drew Storley, 14808 Boston Circle, noted this was a difficult decision for Council Mr. Storley asked Council what they would do if it was their house Mr Storley asked Council to table their vote and conduct more research and open discussion. Jeanne Kulawczyk, 2614 148th Street West, said she had purchased her dream home in this area in March, 2002 Theirs was the second house built in the development. She said it was terrible that the City had waited until the last lots were sold before bringing up the land use change Ms. Kulawczyk said the railroad does not bother them and she would be willing to pay more taxes to not have the commercial area there. Vicki Myers, 14810 Boise Circle, had lived a few blocks from the Mall of America and she chose Rosemount as a true neighborhood with a small town feel. This also was her dream home and she liked the quality of life here Ms. Meyers urged Council to do what was right. Melissa Kennmger, 2734 148 Street West, noted that this reguiding of land use affects one hundred Rosemount residents and eighty children. She noted that it should be too late to turn back residential is already here. Ms. Kemunger urged Council to vote against this change. Andrea Hinrichs, 14867 Bittersweet Court, said she could not understand why residential was allowed in this area Ms. Hydrangker said this land use change will greatly affect residents here. 4 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Cheryl DeBetts, 2698 148 Street West, reported that the trains do not bother them. They love their new neighborhood and have made great friends. She asked Council from her heart to vote against this reguiding David Kolacheck, 2814 I48 Street West, was against the land use change. Renee Ward, 2602 148 Street West, reported she had listened to all the information tonight and this will be a hard decision. Council and staff have researched neighboring communities but all these neighbors did the same thing before they bought homes here Ms Ward noted she was looking for something else, not convenience, but the small town atmosphere. Mayor Droste thanked all those who had spoken. The Mayor noted that public safety is the Council's first goal. The Mayor said that children will always find the shortest route to their favorite spots and in this case, it could mean crossing a railroad track or highway. Mayor Droste recalled that many City Councils have changed land uses by rezoning when needed or when a developer has made an application to do so The Light House Church owned the comer lot, but they were not able to move forward with their financing, so plans changed for that piece of property Mayor Droste said that City Council would have to look to the benefits to the community as a whole. City Engineer Brotzler showed how the frontage road would eliminate any commercial traffic from interacting with the residential streets. Brotzler noted that the ponding may have to be increased in size. All Council Members voiced their concerns and appreciated the residents' comments Council Member DeBettignies said some of the comments brought up issues from the last community survey and that the upcoming survey will also help in making decisions. MOTION by Riley to adopt a resolution amending the Comprehensive Guide Plan for two properties in the Rosewood Area from UR- Residential to C- Commercial. Second by Shoe Corrigan. Ayes: Shoe-Conigan, Droste, Riley, DeBettignies. Nays: Strayton Motion carried. Mayor Droste reminded the audience that the rezoning will not occur until a developer comes forward to make application for it. Lot Split for Railroad Community Development Director Lindquist reported on the expanding railroad comdor along the southwestern and southern edges of the General Industrial area underneath US 52 crossing at 140 Street East. The larger railroad comdor will provide expanded storage space for rail cars. One parcel of land is owned by Flint Hills Resources and is essentially vacant or undeveloped land. The other parcel is owned by Metropolitan Council (MCES) and the Rosemount Waste Water Treatment Plant is operated there. Recombination of these parcels with the railroad right of -way solves another primary concern of creating small, landlocked fragments of land. Council was agreeable with this solution. MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE SERIES OF LOT SPLITS REQUESTED BY THE UNION PACIFIC RAILROAD SUBJECT TO CONDITIONS ATTACHED. Second by Shoe Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe Corrigan. Nays: None. Motion carved. Announcements Mayor Droste reviewed the holidays in December and the scheduled meetings in January, 2005. Mayor Droste moved to adjourn the meeting at 10:11 p.m. Second by DeBettignies. Ayes: Five. Nays None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2004 -50. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 21, 2004 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary