Loading...
HomeMy WebLinkAbout6.a. Minutes of September 5, 2000 Regular City Council MeetingROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 5, 2000, at 7:30 p.m. in the Council Chamber at City Hall, 2875 145 Street West. Mayor Busho called the meeting to order with Council Members Cisewski, Caspar, Klassen and Edwards present. Also present were City Attorney LeFevere, City Administrator Burt, City Planner Pearson, Human Resource /Communication Coordinator Graff, Parks & Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Bret Weiss. The meeting was opened with the Pledge of Allegiance led by Parks and Recreation Director Dan Schultz. The agenda was amended by adding an item to the Consent Agenda, 6.n. Hiring of P/T Building Inspections Secretary and additional information for Item 6.j. (a resolution for) Variance Request from Dakota County's Street Naming and Addressing Ordinance and Item 8.b. (a revised agreement for) PUD Agreement with K.T. J. Limited Liability Partnership Thirty -Nine (Cub Foods). Engineering Consultant Weiss requested that the State of Minnesota Contract 80826 for roadway construction on Highway 3 be added to Old Business, Item 8.c. Mayor Busho amended the agenda accordingly. Public Comment Jeff Fadden, 12213 Biscayne Avenue, noted there were not enough agendas and requested council packet information for the audience. The City Clerk will see to this matter. Response to Public Comment: Bloomfield Landscaping Improvements Residents of Bloomfield development at the August 22 ° City Council meeting claimed the developer could be charged with breech of contract because of unfinished landscaping. Staff inspected the development and had to agree. A letter was sent demanding an "action plan" by September 8 th and completion by September 29, 2000, or other options will be used by the City to complete the work needed. Response to Public Comment: Karl Hagen Variance Councilmember Cisewski requested this item he discussed at a Committee of the Whole work session on September 13 Council agreed. Consent Agenda Councilmember Edwards requested that Item 6.1. Massage Therapy Fees be pulled for discussion at a Committee of the Whole work session on September 13 Council agreed. Edwards requested discussion on Item 6. h. Salaries for Positions in Limited Market Study this evening, therefore it was pulled from the Consent Agenda. 1 t . ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 MOTION by Edwards to approve the Consent Agenda with the addition of Item 6.n. Hiring P/T Building Inspections Secretary and removing Items 61. Salaries for Positions in Limited Market Study and 6.1 Massage Therapy Fees. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. a. Minutes of August 15, 2000 Regular City Council Meeting b. Bills Listing c. Expenditure Approval From Donation Account for Leprechaun Days d. Resolution Setting 2001 Preliminary Levy and Budget Hearing Dates e. Payment #2- Rosemount Business Park Phase 2 Street & Utility Improvements City Project #308 £ Payment #4- Biscayne Pointe 3 rd Addition Street & Utility Improvements City Project #313 g. Change Order #2 — Birger Pond Outlet Improvements, City Project #262 h. Salaries for Positions in Limited Market Study (pulled for discussion) i. Resignation of Employee j. Variance Request from Dakota County's Street Naming and Addressing Ordinance k. Use of Park Improvement Funds 1. Massage Therapy Fees (pulled) m. Hiring of Code Enforcement n. Hiring of P/T Building Inspections Secretary Salaries for Positions in Limited Market Study Councilmember Edwards wished to note that this is a change in position pay ranges, not a pay raise. MOTION by Edwards to approve the listed salary ranges effective September 17, 2000: 1. Police Chief $59,856 - $75,092 8. City Planner $43,762 - $56,294 2. Police Lieutenant $53,904 - $66,000 9. Building Official $43,762 - $56,294 3. Finance Director $56,579 - $72,638 10. Parks & Rec. Dir. $54,336 - $67,500 4. Public Works Dir. $60,108 - $74, 830 11. Community Ctr. Mgr. $40,596 - $50,748 5. Public Works Sup $47,015 - $60,083 12. Recreation Supervisor $37,227 - $48,609 6. Civil Engineer $43,464 - $54,432 13. City Clerk $31,000 - $45,000 7. Comm. Dev. Dir. $54,574 - $68,767 Second by Klassen. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Massage Therapy Fees MOTION by Edwards to table discussion on Massage Therapy Fees to the Committee of the Whole work session on September 13, 2000. Second by Caspar. Ayes: Five. Nays: None. Motion carried. Final Plat Outlot A, McNamara Addition, Francis Doleis City Planner Pearson reviewed the final plat for the McNamara Addition commercial area, Outlot A, which is east of the Walgreens and KinderCare, and south of County Road 42. This is 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 the location where Shenanigan's Liquor Store (off -sale liquor only) will move to from their restaurant/bar business on South Robert Trail. Owner Fritz Dolejs will retain the restaurant/bar business Shenanigans at the South Robert Trail location. The Planning Commission conducted a public hearing on August 8th, 2000 for the site plan. Concerns were noted about temporary banners often used by liquor stores and the proximity of the store to the KinderCare child day care business. Ordinances only restrict proximity of churches and schools to off -sale liquor sales. Mayor Busho requested that acorn lighting be included to continue the lightscape design set in the downtown area. Discussion was held by the City Attorney, Council and staff whether to include this in a resolution or subdivision agreement. It was noted that the resolution provides for this under item 2. Subject to: Execution of a subdivision agreement to secure public infrastructure as needed. Alan Schackman, President of Asset Management Construction Inc., noted that the Chippendale Retail Development will begin within the next two weeks with the 10,000 square foot building. The second phase will be in early spring, and third phase will be decided next year. Mayor Busho requested that the entire site be maintained by mowing when needed. Schakley said the entire site will be rough graded and then seeded where the third phase is designed. Council discussed the appearance of a construction trailer on site. MOTION by Klassen to adopt a resolution approving the final plat for Francis Dolejs (Chippendale Retail Development). Second by Cisewski. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. PUBLIC HEARING: Variance Appeal: Vermillion State Bank, 15040 Canada Avenue Mayor Busho opened the public hearing for the variance appeal by Vermillion State Bank. The affidavits of posting and publication were on file with the City Clerk's Office. City Planner Pearson explained the drive through variance necessary on the lot lines to accommodate a safe and navigable drive through around the back of the building. The neighboring landowners were not interested in selling any property to achieve zero variances. The Planning Commission had denied the variances due to possible snow removal problems and traffic circulation concerns. Various other designs proved to be less desirable causing stacking problems and turning radius limits. City Council is requested to decide to uphold the Planning Commission's decision or overturn that decision. Kevin Pedelty, President of the Vermillion Bank, noted that their bank business hasn't grown as fast as they would have liked at the location they are at now, 3410 15 1 st Street West. This higher profile location on County Road 42 would be a benefit to their business and a convenience to their customers. Pedelty said they plan to remove all snow from the site so that visibility is maintained for advertising and drivers. The fascia will be changed to shingles for a more residential look. The current building is solid block construction and very strong so it would be cost prohibitive to move the building or remove it and start over with a new building location on the site. Council discussed different traffic patterns and lane widths. Pedelty conceded to two drive- through lanes rather than three. Since this is actually a re- development for a vacant building, Council consensus was to encourage this business to look for the best solutions. 0 P ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 Fritz Dolejs, 14605 South Robert Trail, Shenanigans owner, asked if the green space requirement of 25% would be necessary and does Vermillion State Bank meet that requirement? City Planner Pearson said they have not gotten to the point of doing a site plan review yet. This property is Commercial (C-4) which does not have those requirements as Shenanigans which is C -2 zoning. Mayor Busho opened the public hearing for comment from the audience. There were not comments. MOTION by Edwards to close the Public Hearing for a Variance Appeal by Vermillion State Bank, 15040 Canada Avenue. Second by Cisewski. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to overturn the decision of the Board of Appeals & Adjustments and grant the variance, subject to the above mentioned three items and any others that the Council may require. Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. Mayor Busho and Council thanked staff for their hard work and the Planning Commission for their careful review of this development request. PUD Agreement with K.T.J. Limited Liability Partnership Thirty -Nine (Cub Foods) City Planner Pearson talked with Developer Paul Tucci late on Friday who requested an increase in the total square footage of 68,018 to 70,728 or 2,710 sq. ft. more for the building of Cub Foods. Because of this revision, Council approval is necessary because of specific language in the PUD Agreement pertaining to the area of the footprint. Staff has revised the agreement to indicate that the first phase will not exceed 70,750 sq. ft. total. Councilmember Cisewski noted that this request causes some distrust with future dealings and caution will be used. MOTION by Edwards to authorize the execution of the PUD Agreement with K.T.J. Limited Liability Partnership Thirty-Nine. Second by Klassen. Discussion ensued. Motion polled: Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Receiving Bids and Awarding contract for the Trunk Highway 3 Improvements Between Acting City Engineer Weiss reviewed the bid process and proposed improvements for City Project 321. City staff will do all inspections, this does not include any ornamental fencing at this time, and NSP will do underground power supplies and street lighting. The cost was $50,000 more than estimated due to the lateness of the year, necessary traffic control, and an additional pavement section. Acting City Engineer Weiss presented two resolutions. One for receiving bids and awarding the contract for Trunk Highway 3 and one for entering into an agreement with Minnesota Department of Transportation for cost sharing in the project. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 5, 2000 MOTION by Edwards to approve MnDot Agreement No. 80826 with the State of Minnesota, Department of Transportation. Second by Caspar. Ayes: Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. MOTION by Edwards to approve A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE TRUNK HIGHWAY 3 IMPROVEMENTS BETWEEN 143" STREET AND 145T STREET. CITY PROJECT 321. Second by Busho. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. ANNOUNCEMENTS Mayor Busho noted the up- coming city meetings: Primary Election is Tuesday, September 12 so Planning Commission will be held at 8:00 p.m. rather than the usual time of 6:30 p.m. on September 12 Committee of the Whole work session is on September 13, 6:30 p.m. Parks & Recreation Director Schultz noted that the National Guard will have a change of command on September 19. Councilmember Klassen announced that the Middle School will hold a celebration for a National Service Award received. September 301' will be fall City -Wide Clean Up. MOTION by Edwards to adjourn to a Closed Executive Session in order to discuss pending litigation on the Wachter Special Assessment with client/attorney privileged information. Mayor Busho adjourned the meeting at 8:40 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2000 - 31. 5