HomeMy WebLinkAbout6.a. Minutes of September 18, 2001 Regular City Council5
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
.t SEPTEMBER 18 2001
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly
held on Tuesday, September 18, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885
South Robert Trail, in the Banquet Room.
Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley and
Edwards. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community
Development Director Parsons, Planning Intern Jones, Police Chief Kalstabakken, Parks &
Recreation Director Schultz, Interim City Engineer Weiss, and City Planner Rick Pearson.
The meeting was opened with two minutes of silence in honor of the World Trade Center deaths and
recovery efforts followed by the Pledge of Allegiance led by Police Chief Kalstabakken. There was
no Public Comment or Response to Public Comment.
Agenda Changes
City Administrator Burt added two items to the Consent Agenda: Hiring of P/T Parks & Recreation
Receptionist and Hiring of P/T Building Inspections Secretary. Additional information was added to
Public Hearing Item 7. Variance Appeal for Margaret Jacques, a letter from a neighbor against the
variance.
Consent Agenda
Council Member Klassen requested discussion on Consent Agenda items 6. c., d., j., k., and 1.
City Administrator Burt noted that he would also like to pull items 6.j. and k.
MOTION by Klassen to approve the Consent Agenda removing items 6.c., d., j., k., and 1. for
discussion. Second by Cisewski. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None.
Motion carried.
Minutes of September 4, 2001 Regular City Council
b. Bills Listing
e. Award Contract for Police Department Radio .
f. Approval of Change Orders for City Hall Project
g. Declare Cost for Assessment /Set Public Hearing for Rosemount Business Park, Phase II
Street & Utility Improvements, City Project 308
h. Declare Cost for Assessment/Set Public Hearing for 2000 Street & Utility Reconstruction
Improvements (Dodd Blvd), City Project 316
i. Approve Subdivision Agreement for Westhaven
m. Commercial Zoning Ordinance Revision
n. Hiring of P/T Parks & Recreation Receptionist Add -On
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o. Hiring of P/T Building Inspections Secretary Add -On
6.c. Teamsters Labor Agreement for 2002, 2003
Council Member Klassen asked this item be reviewed in light of the events in New York and
Washington D.C. expecting an economic downturn. If residents are to be impacted then perhaps this
should be reconsidered at a work session to lower the bottom -line for taxpayers.
Mayor Busho noted that three other labor unions have settled already so that good faith negotiations
with the Teamsters should be honored. Busho attended meetings with other city leaders and
Governor Ventura has advised governance to continue with the norm until there is reason to change.
City Administrator Burt noted there really is no way to prepare for war. Burt said his goal was to
have all labor unions accounted for in the budget prior to setting the levy. Council Member Riley
asked if the Teamsters contract costs are included in the 2002 Budget and Burt replied that they are
included in it. Council Member Edwards noted that in light of the previous settlements, he would
agree to move forward with this labor agreement. Klassen noted she was concerned with
Rosemount's future economy.
MOTION by Busho to approve the Labor Agreement for Teamsters Local 320 for the years 2002
and 2003 and to authorize the necessary signatures. Second by Riley. Ayes: Edwards, Klassen,
Cisewski, Busho, Riley. Nays: None. Motion carried.
6.d. Approval of Non -Union Salaries for Year 2002
Council Member Klassen noted her concerns are the same for this item as the preceding one. Council
consensus was to move forward. The recommendations are based on pay equity compliance,
comparability with other Stanton VI cities, and market rate adjustments as discussed at the July
special meeting.
MOTION by Busho to approve the noted non -union position salary ranges for the year 2002.
Second by Riley. Ayes: Klassen, Cisewski, Busho, Riley, Edwards. Nays: None. Motion carried.
6.j. Approval to Install Stop Signs
City Administrator Burt was concerned about the timing of installing stop signs on Shannon
Parkway at the intersection of Dodd Boulevard. A stop sign would not be installed if only the traffic
warrants are considered. Public safety issues however could justify installing a stop sign. Rather than
set precedence for future policy making, discussion at a work session could help decide what policy
should be developed for installing stop signs. Staff could respond uniformly with proper policy and
City Council would not have to make a decision on individual requests. Klassen noted that signs can
give residents a false sense of security. It has been reported that Shannon Parkway is traveled more
since the Cub Foods store opened and discussion was held as to when would be the best time and if
traffic warrants should be collected again when Dodd Boulevard street improvement is complete.
That project will be completed by October 15, 2001. Interim City Engineer Weiss was confident that
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REGULAR MEETING
SEPTEMBER 18, 2001
the traffic warrants would not be increased enough to place a stop sign there. Weiss also noted that
the traffic on Shannon Parkway will be slowed by a stop sign. There are about four other
intersections where residents want a stop sign. Consensus was to table this to the Work Session in
October to determine a policy.
6.1. Approval of Installation of School Zone Signs and Change of Speed Limit on Shannon Parkway
Police Chief Kalstabakken requested discussion on this because Minnesota Department of
Transportation (MnDOT) has set the speed limit after a speed survey and Council is not authorized
to change that speed limit unless it is in a school zone. Shannon Parkway speed limit is now at 35
MPH based on a traffic study by MnDOT. Staff recommends lowering that speed with signs that
state "30 MPH when children are present" in the school zones by Shannon Elementary School.
MOTION by Riley to approve the installation of "School Zone" signs on Shannon Parkway near the
borders of Shannon Park Elementary School and to install "30 MPH When Children Are Present" on
Shannon Parkway in the area of the crosswalk located at 137 " Street to the area of the crosswalk
located at Evermoor Parkway in accordance with the Minnesota Uniform Traffic Control Device
Manual. Second by Cisewski. Discussion ensued.
Council Member Klassen suggested that orange flags or some means of added attention be attached
to the new signs to heighten awareness of the traffic change. The Motion's first and second agreed to
this addition to the motion.
MOTION by Riley to approve the installation of "School Zone" signs on Shannon parkway near the
borders of Shannon Park Elementary School and to install "30 MPH When Children Are Present" on
Shannon Parkway in the area of the crosswalk located at 137 "' Street to the area of the crosswalk
located at Evermoor Parkway in accordance with the Minnesota Uniform Traffic Control Device
Manual and staff will add motorist alert flags. Second by Cisewski. Ayes: Cisewski, Busho, Riley,
Edwards, Klassen. Nays: None. Motion carried.
6.1. Authorization to Consider Change Order for Wicklow (Evermoor) Street & Utility
Improvements, City Project 342
Interim City Engineer Weiss reported that there were no bids received for this development. Weiss
noted the reasons it did not attract any bidders is that it is a small project (10 lots) and this late in the
year most contractors are trying to finish all j obs before winter. Council Member Klassen asked why
that should be a concern of the City. City Attorney LeFevere noted that even in 429 Special
Assessment Projects up to 25% of the project can be added for change orders. This project is not
assessed to residents but is fully paid for by the developer so it is not hurting the public in any way.
Weiss noted that DR Horton is looking at purchasing this for development and so his currant
contractor in Evermoor may be interested in including this development as a change order. Council
was comfortable with this as long as the plat is not changed.
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MOTION by Riley to authorize pursuing adding Evermoor Wicklow Addition Street and Utility
Improvements, City Project 342 to an existing city project. Second by Busho. Ayes: Busho, Riley,
Cisewski. Nays: Klassen. Present: Edwards. Motion carried.
PUBLIC HEARINGS
Mayor Busho explained the Public Hearing process for the audience. There will be opportunity for
public comments following staff and applicant presentations. City Clerk Jentink reported that the
affidavits for public notice and publication for all three hearings are on file.
PUBLIC HEARING: Appeal of Board of Appeals Decision for Jacques Variance to Fence
Height Requirement, 15130 Dartmoor Court
Planning Intern Aaron Jones gave a presentation of the Planning Commission's denial for the fence
height and encroachment of side yard on a corner lot for Jacques. The public hearing was held on
August 14, 2001. Ordinance allows for a 42 inch high fence within this setback area. The variance
was denied since no hardship was shown.
Margaret Jacques, 15130 Dartmoor Court, showed photos of various fences in the near -by area with
fences on corner lots. Most of them appeared to be within the side -yard setbacks. Jacques presented a
drawing of her lot and several neighbors. This showed that her fence would be 97 feet from
Dartmoor Trail with 30 MPH it would take about six car lengths to stop and this would be sufficient.
Also, although six other homes have these privacy fences, no accidents have occurred, showing that
safety has not been jeopardized.
Council Member Klassen noted that the Planning Commission is the `gate- keeper" for the city rules
and regulations. They are required to stick to policy. The City Council has the authority to deviate
from these rules if justified. City Administrator Burt remarked that staff has all done their jobs
correctly for this. Burt was concerned that many non - conforming fences could be legitimized with
policy change. Mayor Busho requested that fences on corner lots be considered at a work session.
The Public Hearing was opened for comments.
Don Nelson, 15156 December Trail, said he is the nearest neighbor to Jacques and is in support of
their privacy fence. Nelson noted that so many neighbors have fences similar to their request that it
would be unfair not to allow this.
Marion Shaw, 15150 Dartmoor Path, supports Jacques fence request. Shaw was concerned about
discrimination regarding application on the fence regulations. Shaw noted that privacy on a corner
lot is desirable.
MOTION by Edwards to close the Public Hearing for the Variance Appeal for Margaret Jacques,
15130 Dartmoor Court. Second by Klassen. Ayes: Five. Nays: None. Motion carried.
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MOTION by Edwards to reverse the decision of the Board of Appeals and Adjustments for the
fence variance for Margaret Jacques, 15130 Dartmoor Court. Second by Klassen. Ayes: Edwards,
Klassen, Busho, Riley. Nays: Cisewski. Motion carried.
Council Member Cisewski explained that although she understood the Jacques desire for the privacy
fence she could not vote against the ordinance established in good faith by past City Councils.
Mayor Busho called for a five minute recess. The meeting was reconvened at 9:10 p.m.
PUBLIC HEARING: Drainage & Utility Easement Vacation Lots 4 -7, Block 1 and Lots 2 -7,
Block 2, Evermoor 3rd Addition
Interim City Engineer Weiss reported that this is a "housekeeping" item for Innisfree Development
Plat. The easements were dedicated for public use and will not now be needed, so the land can be
vacated for the individual lots.
The Public Hearing was opened for comments. There were no comments.
MOTION by Edwards to close the Public Hearing for Drainage & Utility Easement Vacation for
Lots 4 -7, Block 1 and Lots 2 -7, Block 2, Evermoor 3' Addition. Second by Riley. Ayes: Five. Nays:
None. Motion carried.
MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION FOR
LOTS 4 - 7, BLOCK 1 and LOTS 207, BLOCK 2 EVERMOOR 3rd ADDITION. Second by
Klassen. Ayes: Cisewski, Busho, Riley, Edwards, Klassen. Nays: None. Motion carried.
PUBLIC HEARING: Drainage & Utility Easement Vacation Lot 1, Block 1, Broback Eighth
Addition/Westhaven
Interim City Engineer Weiss noted that the drainage and utility easements for Westhaven could be
vacated because they will not be needed for public use. Lot 1, Block 1, will be replatted. Six new lots
are created in the Addition.
The Public Hearing was opened for comments. There were no comments.
MOTION by Edwards to close the Public Hearing for Drainage and Utility Easement Vacation, Lot
1, Block 1, Broback Eighth Addition. Second by Cisewski. Ayes: Five. Nays: None. Motion carried.
MOTION by Edwards to adopt A RESOLUTION CAUSING EASEMENT VACATION FOR
THE WEST 10.00 FEET AND THE NORTH 10.00 FEET OF LOT 1, BLOCK 1, BROBACK
EIGHT ADDITION. Second by Riley. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays:
None. Motion carried.
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SEPTEMBER 18, 2001
Biscayne Pointe Fourth Addition Concept PUD Review
City Planner Pearson reviewed the request by Thomas Von Bische of Heritage Development who
has been working with staff and the Planning Commission to design a single - family development of
about 68 lots. Sewer and water will be available due to the placement of St. Joseph's Catholic
Church and Educational Center next to this parcel. Pearson noted that the street alignment is hard to
determine without a transportation study for this area. Klassen noted it is not up to staff or the
Planning Commissioners to design or give suggestions for a concept plan. Discussion was held
regarding if this should be tabled and if there was a 60 day rule in effect. The consensus.was that the
presented concept plan should be denied with findings of fact.
MOTION by Edwards to direct staff to prepare findings of fact in support of denial of the concept
PUD for Biscayne Pointe Fourth Addition. Second by Klassen. Ayes: Edwards, Klassen, Cisewski,
Busho, Riley. Nays: None. Motion carried.
Mayor Busho requested that when the contract for a City Engineer is established, an East -Side
Transportation Study should be conducted.
Amendment to Driving & Parking Regulations, City Ordinance 8 -2
Police Chief Kalstabakken presented a winter parking ban to facilitate the safe and efficient removal
of snow from city streets by the Public Works staff. Prohibiting parking on city streets during the
early morning hours should result in fewer vehicles being parked on the street so fewer snow bird
tags will be issued. Many communities in the metropolitan area have adopted seasonal parking
restrictions. City Attorney LeFevere recommended clarifying the two inch snow fall as "snowfall,
wind or other weather condition has resulted in an accumulation of snow of hvo inches (2 ") or more"
so that it is easy to enforce and easy for residents to determine. Odd/even parking was considered but
judging from Minneapolis it seemed to be too difficult to educate residents to comply with. City
Administrator Burt noted that snow plowing typically begins in the early morning hours in order to
have the collector streets open when residents are on their way to work. This will be the First
Reading of the Ordinance Amendment which states the following:
Seasonal Parking Restrictions: No person shall park a vehicle or permit it to stand upon any
public street, highway or alley during the following times:
between the hours of 2:00 a.m. and 6:00 a.m. between November l and April 1 of
each calendar year.
2. at any time after a snowfall, wind or other weather condition has resulted in an
accumulation of snow of two inches (2 ") or more in depth on the public street,
highway or alley until the street, highway or alley is plowed curb to curb.
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Staff could provide a "hot line" recording in order for residents to check if a snow emergency is
declared in Rosemount or not. Notice of the parking restrictions will be placed in the water bill
newsletter. This will be considered again on the Consent Agenda at the next City Council meeting.
Announcements
Mayor Busho reviewed the regular meetings for the up coming month. There will be a Vermillion
River Watershed Management meeting on September 19 and Minnesota Valley Transit Authority
will be having a meeting September 19 at 7 p.m. in Apple Valley. Council Member Riley closed the
meeting with some thoughts on the collapse of the World Trade Center and read from the Bible parts
of Psalm 37 to encourage unity and faith.
Mayor Busho adjourned the meeting at 10:15 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
The City Council Agenda Packet is Clerk's File 2001 -33.
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