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HomeMy WebLinkAbout6.a. Minutes of August 15, Regular City Council MeetingiTm ROSEMOUNT CITY PROCEEDINGS #6 it REGULAR MEETING AUGUST 15, 2000 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 15, 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, Community Development Director Parsons, Finance Director May, Parks & Recreation Director Schultz, Police Chief Kalstabakken, and Engineering Consultant Weiss. The meeting was opened with the Pledge of Allegiance. There were no changes to the agenda and there was no Response to Public Comment. Public Comment Jerry Weisjahn, 3631 Upper 149`" Street, expressed a desire for buffering lights and noise from County Road 42. There is a storm drainage easement next to his property for the holding pond across from his home. This has left an open area on the north side of CR42 and car lights come from the new Cimarron Avenue into his home. Staff will research and respond at a future meeting. Janie O'Donnell, 14397 Banyan Lane, Bloomfield Development, complained of breech of - contracts that have occurred. O'Donnell referred to the Developers Agreement and items 7. and 15. The landscaping and irrigation is not complete. There is debris without containers. O'Donnell urged the City to begin inspections and make corrections where possible and charge it back to the developer by using their escrow or credit bond. Four of the five residents living in this townhome unit are present. Thomas A. Egan, 15025 Garrett Avenue, Apple Valley, is an attorney representing the neighbors around the McNamara Development against the Cub Foods proposal. Egan felt that the interpretation by staff of the "big box" was not the intent of the original Planned Unit Development. Residential areas surround this land on three sides. Cub Foods would bring a tremendous amount of traffic, much of it being semi -truck traffic, which would disturb the neighborhood. Egan noted that the hours of Walgreen are restricted, why not also restrict Cub Foods? Egan pleaded to let the residents conduct a traffic study while the City Council postponed its decision for Cub Foods PUD. Karl Hagen, 14012 Belmont Trail, put in a floating slab next to his garage within a utility easement. The Building Department has asked him to remove half the slab because of this. Haggen believed the easement was ten feet when in fact it was 15 feet. He would like to attach a disclousure to his title and said he would be responsible if the slab must be cut out. Hagen also stated he would pay for the title filings with Dakota County. Hagen asked for City Council's help to enable him to find a way to keep his full slab for parking in an easement that may never have to be dug up for utilities. Staff will check into this and report back to City Council. Donald Brown, 3825 153` Street, requested that four -way stop signs be placed at Claret and 153` Street, now a 2 -way stop sign. The traffic is often high speed and it is dangerous for 1 r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 pedestrians. Brown also noted that Cub Foods will be located in his back yard and that he was concerned about controlling shopping carts and debris, and ponding problems with all the new blacktop. Amy Ginter, 15133 December Trail. was against the Cub Foods development. Ginter has already started to see an increase in traffic on December Trail as a by -pass to the busier streets. Ginter noted that she did not expect a Cub Foods, but something more like a Barnes & Noble, or Pier One Imports. Monika Oeltjen, 15772 Cicerone Court, lives south of the proposed Cub Foods. Oeltjen is concerned about traffic and noise from delivery trucks. She conducted a poll of local neighbors and found that most want a new family restaurant, not the Cub Foods and she wished they would find a different location. Ed Zentzis, 15157 Crestone Circle, moved in just three weeks ago, and asked if an environmental study was done. Staff responded that there was one when the original planned unit development was proposed. Dave Anderson, 14389 Banyan Lane, reported that in December of 1999 CMC Heartland Development had filed that they would be pulling out of their Minnesota Development. So, any promised improvements are probably not going to get done. Anderson presented photos of Bloomfield Development showing the unkept grass and unfinished landscaping. The photos were put on file with the City Clerk. Mary Riley, 15470 Danville Avenue, did not believe the residents of Rosemount could support two grocery stores. Riley would not want to see the new mall area become vacant. Riley thought Cub Foods would not be conducive or complimentary to our area. Riley believed a traffic and water study should be done now. Frances Foster, 14385 Banyan Lane, would like to see their housing development finished. Bostrom noted the Development Agreement and the many failures of that agreement which are occurring now. The environment is also getting damaged by mud slides due to the incomplete landscaping. Foster urged staff to inspect the badly neglected neighborhood, move forward to complete what can be, and charge back CMC from their escrow account. Consent Agenda MOTION by Edwards to approve the amended Consent Agenda (Councilmember Cisewski removed herself from voting on Item 6.g. Appoint Election Judges due to her being an Election Judge this year). Second by Caspar. Ayes: Five for all but Item 6.g.. Nays: None. Motion carried. a. Minutes of August 1, 2000 Regular City Council Meeting b. Minutes of May 20,22, 2000 Special City Council Meetings c. Bills Listing d. Authorization of Small Issuer Rebate Exception Authority for Port Authority G.O. Bonds 2000B 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 e. Payment #1, 2000 Street & Utility Reconstruction Improvements, City Project 316 f. Settlement Agreement with Shafer Contracting Co. g. Appoint Election Judges h. Temporary On -Sale Liquor License for American Legion i. Firefighter's Relief Association Benefit Adjustment Modification to the Development Program for Development District No. 1 and the Modification to the Tax Increment Financing Plan for Downtown TIF District No. 1 Mayor Busho reviewed the public hearing procedure and opened the Public Hearing for the Modification to the Development Program for Development District No. 1 and the Modification to the Tax Increment Financing Plan for Downtown. The recording secretary noted that the notices of posting and publication were on file. Community Development Director Jim Parsons presented the modification to the Tax Increment Finance (TIF) Plan. These modifications bring the 25 year old budget of the TIF District up to date. This will allow the actual dollars available to be used on other properties which will be added by property identification numbers to the plan. There were no questions by City Council as this had been discussed at the Port Authority meeting. No one in the audience responded for open comment. MOTION by Edwards to close the Public Hearing for the Development Program for Development District No. 1 and the Modification to the Tax Increment Financing Plan for Downtown. Second by Caspar. Ayes: Five. Nays: None. Motion carried. MOTION by Edwards to approve A RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1; AND ADOPTING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE DOWNTOWN TAX INCREMENT FINANCING DISTRICT NO. 1. Second by Caspar. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Councilmember Klassen noted that the Planning Commission had also heard and approved these modifications to the TIF Plan. KTJ Limited Partnership (Cub Foods) Planned Unit Development Amendment & Final Plat City Planner Pearson presented the PUD amendment submitted by Paul Tucci of Oppidan, the developer for Cub Foods. Pearson reviewed the original PUD of 1996 and followed it through the concept plan and how it has developed until today. Now that there are actual proposals and not just concept plans the pros and cons can be weighed. A traffic study was conducted and the street design in place is expected to handle the traffic that will be generated by Cub Foods. The parking lot lights were lowered from 40' to 30' tall. Signage allowed is under 300 sq. ft. There will be two signs, one near CR42 and one near 151 Street West totaling about 270 sq. ft. The sign near 150 Street West will have the light turned off at 10 p.m. There will be a coffee shop with a patio at the northwest corner of the lot. About four retail or service shops will be included 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 in the PUD. Brick will cover 58 % of the outside walls. The south wall will not be required to have brick because a 8 ft. high masonry wall will screen that wall and loading dock area along with additional landscaping. The driveway on 151' Street was eliminated. Mayor Busho noted that all the e- mails and letters she received regarding Cub Foods were copied for the file and all Councilmembers. Busho noted that 38 were in favor and 34 were against the PUD for Cub Foods. Police Chief Kalstabakken researched Eagan and Apple Valley police departments about the significance that the Cub Foods has had in their area. It was reported that most of the calls to the store have been routine assist calls such as locked cars and shoplifting. Apple Valley did have youth gathering at night in the parking lot of Cub but they hired police officers for a night shift from 8 p.m. to 1 p.m. which took care of the problem. Kalstabakken did not forsee a great increase in crime due to the Cub Foods store. Mr. Tucci noted that the pharmacy will not be a 24 -hour pharmacy, it will be from 9 a.m. to 9 p.m. The vendors that deliver goods will not be allowed to "drop" their trailers. Cub normally does have a truck with perishable goods for their deli deliver each night between 11:30 p.m. to 2 a.m. Regular vendors are required to come between 7 a.m. and 2 p.m. The Cub Foods store will be open 24 hours a day. Council consensus was that the developer had worked to better most of the concerns and this business would provide another opportunity for residents to shop in Rosemount. Council requested that an additional condition be added to the resolution requiring the consulting engineers to check on and approve the traffic flow on Claret Avenue for the pharmacy pick up and trucks exiting from the loading area. MOTION by Edwards to adopt the amended RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT AMENDMENT FOR KTJ LIMITED PARTNERSHIP (CUB FOODS). Second by Klassen. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. MOTION by Edwards to adopt A RESOLUTION APPROVING THE FINAL PLAT FOR OUTLOT B, McNamara ADDITION, KTJ LIMITED PARTNERSHIP. Second by Cisewski. Ayes: Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. Master Transmission Concept Commercial Planned Unit Development, 14805 S Robert Trail City Planner Pearson presented the Master Transmission Concept Commercial Planned Unit Development for 14805 South Robert Trail. The business is currently located across from KWIK Trip gas and grocery. This new building would be built while the old building houses the business. The old building would be removed after completion of the new one. The current zoning is C -4 which is General Commercial and therefore allows the transmission repair facility. The building would be constructed of brick and stucco. The service bays will be oriented north and south with the front of the building very near the property line on South Robert Trail. The 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 15, 2000 building would maintain more of an office look from the front with parking on the sides. A green space would remain on the southern tip of the property. Council consensus was that this would blend in with the downtown area nicely. It would help eliminate one driveway onto South Robert Trail by sharing the drive with the neighboring business. Mr. Jensen noted that construction would begin late in the fall of 2000. MOTION by Cisewski to adopt A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR MASTER TRANSMISION. Second by Caspar. Ayes; Busho, Caspar, Edwards, Klassen, Cisewski. Nays: None. Motion carried. Accept Bids and Award Sale for General Obligation Water Re venue Bonds. Series 2000A Finance Director May presented the bids which had been opened at 11 a.m. on August 15 at the offices of Springsted, Inc. Barry Fick was present from Springsted to answer any questions. The low bidder had an interest rate of 5.1699% from Wells Fargo Brokerage Services, LLC. The City's bond rating is A2, which is very desirable. When our population increases the bond rating may be able to advance even higher. Staff recommends approval. MOTION by Klassen to adopt a RESOLUTION ACCEPTING OFFER ON SALE OF $1,160,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2000A AND PROVIDING FOR THEIR ISSUANCE. Second by Caspar. Ayes: Caspar, Edwards, Klassen, Cisewski, Busho. Nays: None. Motion carried. Receive Bids /Award Contract for Broback 3' Addition Storm Sewer Improvements, City Project 319 Acting City Engineer Bret Weiss presented the project for storm sewer improvements and an alternate bid for street reconstruction. The bid opening took place on Thursday, August 10, 2000, at 9:00 a.m. The apparent low bidder was Municipal Contracting Services of Faribault, Minnesota. The bids were higher than engineers estimated. Weiss suggested that the alternate for the project be postponed and that it would be combined with another project to lower the cost. The base bid of $54,056 would provide improvements for back yard drainage in the storm sewer system in Broback's 3` Addition. MOTION by Edwards to accept A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE BROBACK 3 ADDITION STORM SEWER IMPROVEMENTS CITY PROJECT 319. Second by Busho. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. Mayor Busho adjourned the meeting at 10:11 p.m. Respectfully submitted, The City Council Agenda Packet is Clerk's File 2000 — 30. 5 Linda Jentink, City Clerk Recording Secretary