MOTION by DeBettignies to approve the Consent Agenda with one add-on item, 6.f.

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1 1 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, June 21, 2005, at 7:30 p.m. in the Council Chambers at City Hall, th Street West. Mayor Droste called the meeting to order with Council Members Baxter, Shoe-Corrigan, Sterner, and DeBettignies attending. City staff present were City Administrator Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, City Planner Pearson, Communications Coordinator Cox, and Police Lieutenant Kuhns. The Pledge of Allegiance was said. City Administrator Verbrugge presented one additional item for the Consent Agenda: Receive Plans & Specifications/Authorize Ad for Bid for Harmony 2 nd Addition Street and Utility Improvements, City Project 394. Council Member DeBettignies moved to accept the agenda with the addition of Consent Agenda Item 6.f. Receive Plans & Specifications/Authorize Ad for Bid for Harmony 2 nd Addition Street and Utility Improvements, City Project 394. Second by Shoe-Corrigan. Ayes: Five. Nays: None. The agenda was adopted. Girl Scouts Gold Award Winners Mayor Droste acknowledged the nine students at Rosemount High School who received the Girl Scouts highest award, The Gold Award. These are girls 14 to 17 years old who apply their citizenship with a chosen project. Melanie Tubbs and Stacey Wolfe were present to receive Certificates of Appreciation from Mayor Droste. The girls worked on a project that provided a program for underprivileged youth in Rosemount. They displayed their leadership and creative abilities to plan activities, procure funds, and organize the program. Ms. Tubbs and Ms. Wolfe commented that they had cooperation from various businesses and the Rosemount Family Resource Center. They made new friends and enjoyed connecting with the youth in the Rosemount. Cassandra Millen and Diane Nitti were not present, but also received acknowledgment for their participation in this project and for receiving the Gold Award. Another group of Girl Scouts selected a project which would donate blankets to those in need. Stephanie Erlandson, Jill Fagerstrom, Lizabeth Mothershead, Tegan Rolek, and Ashley Tooley received the Gold Award this year. Several of these Girl Scouts were traveling and not available for this meeting. Mayor Droste hopes to have them attend a City Council meeting in the near future for community recognition. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with one add-on item, 6.f. Receive Plans & Specifications/Authorize Ad for Bid for Harmony 2 nd Addition Street and Utility Improvements, City Project Second by Baxter. Ayes: Droste, Sterner, Baxter,

2 DeBettignies, Shoe-Corrigan. a. Minutes of June 7, 2005 Regular City Council Meeting b. Bills Listing c. Expenditure Approval from the Donations Account for Parks & Recreation Department d. Authorize Preparation of Feasibility Report-GlenRose Street & Utility Improvements, City Project 397 e. Expenditure of $100,000 for Membership in the Twin Cities Community Capital Fund f. Receive Plans & Specifications/Authorize Ad for Bid for Harmony 2 nd Addition Street and Utility Improvements, City Project 394. (Added at meeting) PUBLIC HEARING: NEW ON-SALE INTOXICATING LIQUOR LICENSE APPLICATION, Rudy s Redeye Grill, S. Robert Trail City Clerk Jentink reviewed the request for an on-sale liquor license and Special Sunday liquor license by Charlie Rae, Inc. which is the parent company of Rudy s Redeye Grill, Axel s and Bonfire restaurants. The affidavits of posted and published notice were on file. City Clerk Jentink noted that the location of the new restaurant is in the Rosemount Crossing commercial development as a freestanding building. The nearest intersection is Highway 3 and County Road 42. The building has 6,500 square feet with a half-circle fenced outdoor patio to the east. The combined area will seat 200 customers. The building will have a second story look from the outside, but is only one to two feet higher than the retail commercial buildings. The Planning Commission held a public hearing for the Planned Unit Development on May 23, The amendment proposed to move the trash enclosure to the west side of the building affecting the sidewalk alignment. The Planning Commission recommended approval noting this will facilitate a unique building for a full-service restaurant. Jentink noted that the liquor license would be conditional on receiving the Certificate of Occupancy for the restaurant and having the named manager pass the police investigation. Council Member Baxter inquired about the report of compliance check failures at some of the restaurants owned by Charlie Rae, Inc. Baxter was concerned this might continue in Rosemount. Police Lieutenant Kuhns said that he spoke with the city clerks in two of the cities of these occurrences and they reported that corrective measures with training were made. Lieutenant Kuhns noted that a few of our currant liquor establishments have had compliance check failures. The Police Department makes random checks to make sure no establishments are getting lax on the state regulations of selling to minors. Council Member Sterner asked about the eight police calls to the restaurant located in Savage. Lieutenant Kuhns reported that was mostly for bad checks and counterfeit money, not disturbances. 2

3 Council Member Shoe-Corrigan noted that underage compliance check failures are the responsibility of the servers. Training by the management must be diligent. It was pointed out that the restaurant and the individual server can be charged with noncompliance. Mayor Droste opened the Public Hearing. The owners, Linda Young and Charlie Burrows spoke regarding their training process for staff. They have a zero-tolerance for violation of the underage drinking regulations. Staff will be let-go following the first offense. They will continue to train staff and review liquor regulations before each shift. Linda Young noted that the restaurant will be casual fine dining, similar to a supper club featuring steaks. It is family owned. Ms. Young said she would like Rudy s to be the third place people come to, with home and work placed first and second. MOTION by Droste to close the Public Hearing for the Application for ON-Sale Liquor License for Rudy s Redeye Grill, S. Robert Trail. Second by DeBettignies. Ayes: Five. Council Member Shoe-Corrigan urged Linda Young and Charlie Burrows to work with their staff to insure that underage drinking does not occur. Shoe-Corrigan said she would support this liquor license application. Council Member Baxter said he was delighted with the proposed restaurant and that he had eaten at one of their existing ones and enjoyed the meal and atmosphere very much. He also would support this request. MOTION by Shoe-Corrigan to approve an ON-Sale Intoxicating Liquor License, and a Special Sunday Liquor License for Charlie Rae, Inc. at Rudy s Redeye Grill, South Robert Trail to be effective October 1, 2005 to December 31, 2005 provided the Certificate of Occupancy for the new building is obtained and a successful background investigation of a named manager of the restaurant/bar. Second by DeBettignies. Ayes: Baxter, DeBettignies, Shoe-Corrigan, Droste, Sterner. 5-Year Pavement Management C.I.P. City Engineer Brotzler reviewed how the software program works with staff reports of pavement condition indexes to determine an efficient schedule to keep streets maintenanced. This schedule will give residents advanced notice several years ahead of large projects. The schedule can be published on the City web page with an overview of the project. MOTION by DeBettignies to adopt the Five-Year Street Capitol Improvement Projects. Second by Sterner. Ayes: DeBettignies, Shoe-Corrigan, Droste, Sterner, Baxter. 3

4 4 County Road 38 Turnback Agreement City Engineer Brotzler explained the function of County Road 38 is mainly a local collector road rather than a regional road. An exchange of a lump sum payment from Dakota County to the City in the amount of $2,900,000 has been negotiated for future upgrades. This is approximately 55% of the proposed roadway improvements between Trunk Highway 3 and Akron Avenue to be completed in The segment of CR 38 between Akron Avenue and Blaine Avenue will remain gravel as a two lane rural section. Discussion ensued about timing of the improvements and delays causing cost increases. If the County kept the road, likely the improvements would not occur as soon because it is not a high priority. MOTION by DeBettignies to enter into a Turnback Agreement with Dakota County for County Road 38 between Trunk Highway 3and Blaine Avenue and authorize the necessary signatures. Second by Sterner. Ayes: DeBettignies, Shoe-Corrigan, Droste, Sterner, Baxter. Rudy s Redeye Grill (Rosemount Crossing) PUD Major Amendment Case AMD City Planner Pearson described the four buildings in Rosemount Crossing noting that Rudy s Redeye Grill was different in character than the other buildings because of its two-story appearance. The restaurant was the primary incentive to the City for approving the development with concessions to architectural, parking and setback standards. Cambrian Avenue will be disconnected at the residential neighborhood to the north and will serve exclusively as the entrance into the commercial area off Highway 3. Council Member Shoe- Corrigan requested additional landscaping between Cambrian Avenue and the garbage enclosure to prevent pedestrians walking through. Staff now recommends having the sidewalk cross to the island closer to the entrance of the restaurant. This will increase the parking spaces by one, bringing the total parking spaces provided to 40 and 28 shared spaces with the commercial PUD. There will be a two-sided fireplace facing both inside and onto the patio. The patio will be fenced with bushes surrounding it. Handicap parking will be on the west side of the building. Council Member Sterner liked the esthetics of the building. MOTION by Shoe-Corrigan to adopt a resolution approving the PUD Major Amendment for Rudy s Redeye Grill subject to conditions, and an addition of landscaping improvements off of Cambrian Avenue between the sidewalk and trash enclosure. Second by DeBettignies. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe-Corrigan. MOTION by Shoe-Corrigan to authorize execution of the PUD Amendment agreement for Rudy s Red Eye Grill. Second by Sterner. Ayes: Sterner, Baxter, DeBettignies, Shoe- Corrigan, Droste. Announcements Mayor Droste reviewed the upcoming regular and special meetings. There will be a health announcement by Dakota County Tobacco Survey on June 24. A downtown redevelopment

5 meeting will be held June 29, 6 p.m. at the Rosemount Community Center, Room 221. City Administrator Verbrugge announced Dakota County will be hosting a meeting on June 30 th at 4 p.m. celebrating the joint dispatch agreement and other joint initiatives at Thompson Park in West St. Paul. Mayor Droste moved to adjourn to the Closed Executive Session on labor relations at 8:13 p.m. Second by DeBettignies. Ayes: Five. Nays: None. The meeting was adjourned following the closed executive session. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk s File