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.
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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
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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.
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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.
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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.
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