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HomeMy WebLinkAbout6.b. Minutes of July 1, 1997 Regular City Council Meeting t , ' ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING j JULY 1, 1:997 Preceding the meeting two new police officers, Julie Cummans and Chad Rosa, were introduced � and welcomed to the staff at the City of Rosemount by City Councilmembers and the Mayor. Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July l, 1997 at 7:33 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Edwards, Carroll and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, Parks& Recreation/Community Center Director Topitzhofer and Intern Mullenbach. City Administrator Burt led the group with the Pledge of Allegiance. A letter was presented to City Council commenting on the Carroll's Woods ordinance to ban bicycles. Charles Stauf�er responded to Public Comment. Stauffer wanted to know if Hawkins Pond was being changed from a percolating holding pond to one which now holds water. The Mayor directed staff to research and respond at a future meeting. Public Works Director Osmundson gave an update on Dakota County highway system projects. The CSAH 42 Corridor Study which includes Dakota County, Scott County, Minnesota Department of Transportation, and Metropolitan Council and six cities has begun and has BRW as the consultant. There will be an open house on July 24, 1997, at the Apple Valley Western Service Center Atrium to inform and receive information from the public about this project. CSAH 42 has been named a principal arterial highway which will allow federal funding. BRW has started collecting facts on traf�ic counts and origin/destination statistics. An advisory task force has been formed with about 30 people from area cities. Councilmember Carroll requested a list of members of the task force. Other projects discussed were the CSAH 46 and 160th Street and the new Dakota County Transportation Plan. Mayor Busho noted that a work session meeting will be planned to meet with Dakota County on transportation issues. The Consent Agenda was considered. Item 6.a. Minutes of June 17, 1997 Regular City Council Meeting was pulled from the Agenda. Councilmember Wippermann questioned the cost split on Item 6.h. Approval of County Road 46 Engineering Agreement. Public Works Director Osmundson responded that it is the same cost split used as in the past five years. MOTION by Carroll to approve the Consent Agenda after removal of Item 6.a. Minutes of June 17, 1997 Regular City Council Meeting. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Mayor Busho explained the procedure used for Public Hearings and opened the Public Hearing for the Appeal of Variance Denial by Rosemount Woods Cabinet Shop. The recording secretary reported that the �davits of Posted, Mailed, and Published Notice were on file. ROSEMOUNT CITY PROCEEDINGS � ' REGULAR MEETING JULY 1, 1997 Community Development Director Rogness reviewed the Appeal of Variance Denial for , Rosemount Woods Cabinet Shop. The appeal relates to the north wall of the existing building which is nonconforming at the 25 foot setback. The Planning Commission conditionally approved a site plan for a 3,200 square foot expansion of the Rosemount Woods Cabinet Shop in which the new north wall of the expansion would be moved five feet to the south in order to comply with ' the side yard set back of 30 feet. ' Mayor Busho opened the Public Hearing for Public Comment. Diane Michalski, Rosemount ! Woods Cabinet Shop owner, requested to remove the non-conforming status of the existing '' north wall by this variance appeal so that if the occurrence of a fire, or other force, causing more � than 50% destruction of the building happened, it could be rebuilt on the same foot print '!, preventing major additional costs of moving structural supports, etc. ' Charles Stauffer, 14582 Delft Avenue, is a neighbor to the Rosemount Woods Cabinet Shop and spoke in support of the variance appeal. Stauffer noted that each variance should be taken on an individual basis. MOTION by Busho to close the Public Hearing for the Appeal of Variance Denial for Rosemount Woods Cabinet Shop. Second by Carroll. Ayes: Five. Nays: None. Motion carried. Councilmembers discussed with the City Attorney and staff several actions and consequences of actions. MOTION by Carroll to grant a side set back variance sufficient to allow the continuation of the existing building in its current location and uphold the decision of the Board of Appeals with respect to the addition for the Rosemount Woods Cabinet Shop at 14640 Diamond Path. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Busho. Nays: None. Present: Wippermann. Motion carried. Community Development Director Rogness reviewed the request of Tom Bisch of Heritage Development for a rezoning and Planned Unit Development for 193 townhouse units for the Englert property combined with the northern half of the McMenomy property. The property is guided for Business Park(BP) and can be developed for multiple family residential use if zoned BP-4 and is currently zoned A(Agriculture). Rogness noted that the Planning Commission approved the request with a 3/2 vote split. Discussion ensued regarding the closeness of the railroad tracks and if adequate park amenities were allowed. Tom Bisch of Heritage Development explained the berming, grading, landscaping, and homeowners association for upkeep and snow removal. Bisch estimated the townhome value at $100,000 with two car garages. Ed McMenomy, 15872 Chippendale Avenue, property owner, noted that although the land has been guided for Business Park along with the adjoining Wachter Lake land, there has not been any serious inquires for purchase of the land or development by businesses. McMenomy noted that other Business Park zoned properties remain open in Rosemount that have not beerr developed in 2 " ` ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 1, 1997 the past eight years. McMenomy presented a market study of recent sales of homes west of the Englert properry. Harold Wachter, 15400 Chippendale Avenue, noted that many people like to watch trains which can be good. Wachter said that as of right now many children play in his woods and he worries about their safety. Phil Sterner, 15666 Cicerone Path, noted that the school district doesn't need any more low income households requiring assistance programs for their children. Sterner said that this land is bordered by a four lane highway, railroad tracks, and a pond and is not conducive to residential housing. Sterner is against this development. Dan McNulty, 15670 Cicerone Path, was against putting residential housing this close to railroad tracks were trains move at 40 m.p.h. McNulty knows that some railroad companies are considering expansions at this time which could increase the number of trains per day from eight to seventeen in the future and that the City could expect complaints. McNulty also noted that at times hazardous materials are transported on railroad tracks and derailment is always a possibility. McNulty asked Council to deny this development. � Kathy Pokney, Cornell Trail, stated she is a teacher and that supervision of children can no longer just be left up to parents. Pokney felt that everyone should have a concern if children are allowed to grow up were there are dangers from cars, trains, and water. Kathy Baklund, 15622 Cornell Trail, noted that her house shakes now from passing trains. How could these homes not be affected by their pro�mity to the railroad tracks? Diane Howell, 15676 Cicerone Path, was against the residential development. Marlin Englert, one of the land owners now residing in Brooklyn Park, spoke briefly about the project. Alvin Hynes commented that commercial development could draw heavy traf�ic as well to this area. Mayor Busho said that both sides of the story had been heard and noted that this was not a public hearing. Council pointed out that this is a concept phase of the plan with room for adjustments and minor changes. Council understood concerns of resident, however, some precautions could be conditionally set in the development agreement. Council requested that a market analysis be provided prior to the final plat and that adequate private recreational space/facilities be provided within the development area to serve its residents. MOTION by Anderson to adopt a resolution, amended to include a market analysis and adequate recreational space, approving the concept residential planned unit development for Rosemount Commons a development by Heritage Development of Minnesota, Inc. Second by Wippermann. Ayes: Edwards, Anderson, Wippermann, Carroll. Nays: None. Present: Busho. Motion carried. 3 ROSEMOUNT CITY PROCEEDINGS " ' REGULAR MEETING JULY l, 1997 Mayor Busho called for a five minute break at 9:50 p.m. The meeting was resumed at 9;57 p.m. Parks and Recreation/Community Center Director Topitzhofer brought the first reading of an ordinance directed from the Parks and Recreation Committee and Carrolls Woods Sub- Committee to ban bicycle riding in Carroll's Woods to reduce the amount of damage to trails and plant life. Topitzhofer explained that the land was purchased with grant money that was conditional requiring that the park would be protected as a natural and passive recreational area. Council felt that it would be very hard to enforce the ordinance other than by fencing the whole area. Council requested the Parks and Recreation Committee and Canolls Woods Sub- Committee to consider ways to educate the public, provide bike racks to secure bikes at the entrance to the park, discuss misdemeanor tickets and if there is a benefit and to report back to City Council. City Administrator Burt gave an update on the city's Fire Department. The department's new ersonnel olic includes olicies and rocedures that were never addresses before such as a P P Y P P defined pay plan, appointment and removal of officers, and a grievance procedure. The Fire Department had an"Open House" on June 22, 1997, which was well attended by residents and many children. The Fire Department was authorized to hire nine new fire fighters which would bring the total firefighters to thirty-nine. Mayor Busho requested a change for the July 14, 1997 Committee of the Whole meeting. Schedules were discussed and it was moved to July 21, 1997, Monday, at 6:30 p.m. City Administrator Burt requested a budget meeting workshop. Council decided to combine the Dakota County Transportation Workshop with the Budget Workshop on Tuesday, July 29, 199'7, at 6:30 p.m. Mayor Busho adjourned the meeting at 10:24 p.m. Respectfully submitted, Linda Jentink, Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's file 1997-22. 4