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Home My WebLink About6.a. Minutes of March 20, 2001 Regular City CouncilM 0 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 20, 2001, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. 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, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and Engineer Consultant Hutton. Council Member Cisewski opened the meeting with the Pledge of Allegiance. There were no additions to the agenda, however, Item 7 a. was moved to the Consent Agenda There was no Public Comment and no Response to Public Comment. Consent Agenda Council Member Riley pulled Consent Agenda Item 6.p. Centex Bloomfield Concept for discussion. MOTION by Klassen to approve the Consent Agenda removing Item 6.p. Centex Bloomfield Concept for discussion. Second by Cisewski. Ayes: Cisewski. Busho, Riley Edwards, Klassen. Nays: None. Motion carried. a. Minutes of March 6, 2001 Regular City Council b. Bills Listing C. Appointment of Fire Chief d. Resignation of Employee e. Authorize Financing for Lease/Purchase of CIP Equipment f. Decertifying Tax Increment Financing District No. 1 g. Payment #3 and Final — Trunk Highway 3 Commercial Area Design Enhancement Plan, C. Project #314 h. Rezoning for Bloomfield 2 nd Addn., Carrousel Plaza Townhomes, Evermoor, and Evermoor 3rd Addn. i. Findings of Fact for Kulhanek Variance Denial j. Authorize Preparation of Plans & Spec's — Shannon Pond Excavation k. Receive Feasibility Report/Set Public Hearing — 2001 Street & Utility Reconstruction Improvements (Dodd Boulevard, Phase 2), City Project # 3 26 1. Authorize Police Selection Process M. Recruitment for Civil Engineer n. Award Bid for Skate Tile at Arena o. Award Bid for Electric Ic6 kesurfacer at Arena ADD p. Centex Broomfield Concept Denial Findings of Fact (pulled for discussion) 6.p. Centex Bloomfield Concept City Attorney LeFevere asked that a change be made in the supporting resolution, Finding of Fact number 1. by inserting the word, "rather," in the last sentence... "to be closer to rather than further 1 ROSEMOUNT CITY PROCEEDINGS i REGULAR MEETING MARCH 20, 2001 from." Council agreed to the clarification change. Council Member Riley requested that the City Council work with the developer by allowing them two weeks and then have Council reconsider the amendment. Community Development Director Parsons explained that Bloomfield has already been through the procedural process which includes review by the Planning Commission. Any major amendments should return to the Planning Commission for review. Mayor Busho asked about the 60 -day rule which City Administrator Burt replied that one extension has been granted. Once Centex has submitted their revisions, staff can determine if it is a major or minor amendment to the Planned Unit Development. Steve Ach, Centex Homes Minnesota Division, responded that the changes should only be minor. A change includes the railroad crossing issue and most likely the unit density will decrease. City Attorney LeFevere commented that it would be O.K. to proceed with the findings and if they are in conflict with future changes or additional conditions would change, that resolution could be rescinded. Council Member Edwards noted that he is adamant on the 80 -foot wide lot size. MOTION by Edwards to adopt A RESOLUTION OF DENIAL OF THE CENTEX (Bloomfield) PUD AMENDMENT BASED UPON FINDINGS OF FACT. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Amendment to City Code 3 -1, Liquor Regulations Police Chief Kalstabakken presented the second reading of an ordinance change to be consistent with the Minnesota State Statutes pertaining to liquor licensing. Discussion at the February 20` 2001 City Council meeting directed some of these changes. The Class B definition was amended to define the total revenues from food only during the hours that alcoholic beverages are sold. This would prohibit food carryout sales to count toward total food sales. The compliance checks clause, 3 -1 -12 -F. was simplified. State Statutes state a maximum fine of $2000 would apply for failure of compliance checks. City Council would determine the amount on a case -by -case basis, hence the 2001 Rates and Fee Resolution 2000 -139 will have the $1000 compliance check failure fee removed. MOTION by Riley to approve an ordinance amending Rosemount City Code 301, liquor regulations and to adopt a resolution removing Alcohol Compliance Check Failure from the City Schedule of Rates and Fees. Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 2001 CDBG Allocation Community Development Director Parsons presented the request for application for funds administered by the Dakota County Community Development Agency Rosemount has an allocation of $68,281 this year. The Port Authority reviewed the policy to acquire non - conforming, functionally obsolete, residential properties in the downtown commercial district with the intent to re- develop them. They agreed on the following: ; -) 1) �( y ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2001 demolish non- conforming houses rather than rent them, that is, avoid acting as a landlord; -3) and 2) concentrate acquisitions in a small area to avoid acquiring properties scattered about a large area. MOTION by Klassen to authorize application for 2001 CDBG allocation for property acquisition downtown per the Port Authority's recommendation. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Announcements Mayor Busho reviewed the up- coming meetings. Council was reminded that the, Commission Interviews would be on Saturday at 9:00 a.m., March 24 2001. Mayor Busho adjourned the meeting at 7:55 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -10. .. K ., r ROSEMOUNT CITY PROCEEDINGS it-tv REGULAR MEETING MARCH 20, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 20, 2001, at 7:30 p.m.. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, Riley, and Edwards. Also in attendance Nrere City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and Engineer Consultant Hutton. Council Member Cisewski opened the meeting with the Pledge of Allegiance. There were no additions to the agenda, however, Item 7 a. was moved to the Consent Agenda. There was no Public Comment and no Response to Public Comment. Consent Agenda Council Member Riley pulled Consent Agenda Item 6.p. Centex Bloomfield Concept for discussion. MOTION by Klassen to approve the Consent Agenda removing Item 6.p. Centex Bloomfield Concept for discussion. Second by Cisewski. Ayes: Cisewski. Busho, Riley Edwards, Klassen. Nays: None. Motion carried. a. Minutes of March 6, 2001 Regular City Council b. Bills Listing C. Appointment of Fire Chief d. Resignation of Employee e. Authorize Financing for Lease/Purchase of CIP Equipment £ Decertifying Tax Increment Financing District No. 1 g. Payment #3 and Final — Trunk Highway 3 Commercial Area Design Enhancement Plan, C. Project #314 h. Rezoning for Bloomfield 2` d Addn., Carrousel Plaza Townhomes, Evermoor, and Evermoor 3` Addn. i. Findings of Fact for Kulhanek Variance Denial j. Authorize Preparation of Plans & Spec's — Shannon Pond Excavation k. Receive Feasibility Report/Set Public Hearing - 2001 Street & Utility Reconstruction Improvements (Dodd Boulevard, Phase 2), City Project #326 1. Authorize Police Selection Process m. Recruitment for Civil Engineer n. Award Bid for Skate Tile at Arena o. Award Bid for Electric Ice Resurfacer at Arena ADD p. Centex Broomfield Concept Denial Findings of Fact (pulled for discussion) 6.p. Centex Bloomfield Concept City Attorney LeFevere asked that a change be made in the supporting resolution, Finding of Fact number 1. by inserting the word. "rather," in the last sentence... "to be closer to rather than further 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2001 c from." Council agreed to the clarification change. Council Member Riley requested that the City Council work with the developer by allowing them two weeks and then have Council reconsider the amendment. Community Development Director Parsons explained that Bloomfield has already been through the procedural process which includes review by the Planning Commission. Any major amendments should return to the Planning Commission for review. Mayor Busho asked about the 60 -day rule which City Administrator Burt replied that one extension has been granted. Once Centex has submitted their revisions, staff can determine if it is a major or minor amendment to the Planned Unit Development. Steve Ach, Centex Homes Minnesota Division, responded that the changes should only be minor. A change includes the railroad crossing issue and most likely the unit density will decrease. City Attorney LeFevere commented that it would be O.K. to proceed with the findings and if they are in conflict with future changes or additional conditions would change, that resolution could be rescinded. Council Member Ed-,ti noted that he is adamant on the 80 -foot wide lot size. MOTION by Edwards to adopt A RESOLUTION OF DENIAL OF THE CENTEX (Bloomfield) PUD AMENDMENT BASED UPON FINDINGS OF FACT. Second by Klassen. Ayes: Busho, Riley, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Amendment to City Code 3 -1, Liquor Regulations Police Chief Kalstabakken presented the second reading of an ordinance change to be consistent with the Minnesota State Statutes pertaining to liquor licensing. Discussion at the February 20`", 2001 City Council meeting directed some of these changes. The Class B definition was amended to define the total revenues from food only during the hours that alcoholic beverages are sold. This would prohibit food carryout sales to count toward total food sales. The compliance checks clause, 3 -1 -12 -F. was simplified. State Statutes state a maximum fine of $2000 would apply for failure of compliance checks. City Council would determine the amount on a case -by -case basis, hence the 2001 Rates and Fee Resolution 2000 -139 will have the $1000 compliance check failure fee removed. MOTION by Riley to approve an ordinance amending Rosemount City Code 301, liquor regulations and to adopt a resolution removing Alcohol Compliance Check Failure from the City Schedule of Rates and Fees. Second by Edwards. Ayes: Riley, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. 2001 CDBG Allocation Community Development Director Parsons presented the request for application for funds administered by the Dakota County Community Development Agency. Rosemount has an allocation of $68,281 this year. The Port Authority reviewed the policy to acquire non - conforming, functionally obsolete, residential properties in the downtown commercial district with the intent to re- develop them. They agreed on the follo-Mng: 1) purchase only from willing sellers — no condemnation; 2) demolish non- conforming houses rather than rent them, that is, avoid acting as a landlord; 3) 06 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 20, 2001 concentrate acquisitions in a small area to avoid acquiring properties scattered about a large area. MOTION by Klassen to authorize application for 2001 CDBG allocation for property acquisition downtown per the Port Authority's recommendation. Second by Cisewski. Ayes: Edwards, Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Announcements Mayor Busho reviewed the up- coming meetings. Council was reminded that the Commission Interviews would be on Saturday at 9:00 a.m., March 24 2001. Mayor Busho adjourned the meeting at 7:55 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -10. 3