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HomeMy WebLinkAbout6.a. Minutes of June 17, 1997 Regular City Council Meeting w 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 17, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, June 17, 1997 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Anderson, Wippermann, Edwards, and Carroll present. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, Community Development Director Rogness, Finance Director May, and Intern Ron Mullenbach. Maryann Stoffel, Recording Secretary led the group with the Pledge of Allegiance. The agenda was amended to list item 7a. Accept Bids and Award Sale of General Obligation Improvement Bonds, Series 1997A under the consent agenda as item 61. There were no Public Comments presented or Response to Public Comments at this meeting. Dave Collins of Boeckermann, Heinen&Mayer noted that they had completed the 1996 auditing of the financial statements for the City of Rosemount and was present in the audience to answer any questions regarding their findings. MOTION by Wippermann to adopt A RESOLUTION ACCEPTING THE 1996 AUDITED FINANCIAL STATEMENTS. Second by Edwards. Ayes: Anderson, Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. Public Works Director Osmundson presented the Council a history of occurrences regarding the damage done by a City snowplow to the entrance way monument of the LeForet Addition. Ownership of the structure had not been determined. Restitution from the City's insurance company is being reevaluated. Judy Schostag, 4188 158``' Street West, representing her brother Devon Nordan, 4455 138`" Court West, who lives in the LeForet Addition, would like the monument to be reconstructed. Jim Sample, 4450 138"' Court West, indicated he had bought his property in 1984 and was told at that time that the entrance way was deeded to the City at the same time the road was deeded to the City. Mayor Busho recapped the issues being discussed and indicated that not enough information was available with regards to the liability of such a structure; the obligation to maintain the structure; the ownership and placement if reconstructed. Steve Schmidt, Danville Court, felt that there needs to be a determination of who owns the property. A � ROSEMOUNT CITY PROCEEDINGS ` REGULAR MEETING JITNE 17, 1997 MOTION by Edwards to table this items for two weeks and bring back to the July 1, 1997 City Council meeting for further discussion. Second by Canoll. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. The agenda was amended at this time to pull item 6h. Fire Dept. Personnel Policy and Fire Dept. Ordinance, from the consent agenda and place immediately after consent for discussion. MOTION by Carroll to approve the Consent Agenda after removal of Item 6.h. Fire Dept. Personnel Policy and Fire Dept. Ordinance and the addition of item 6.1. Accept Bids and Award Sale of General Obligation Improvement Bonds, Series 1997A. Second by Anderson. Ayes: Five. Nays: None. Motion carried. Pat Long, fire fighter, expressed concerns with the proposed policy. Specifically two areas of concern were identified: (1) the term "at will" employees; and (2) the number of hours available for training. City Administrator Burt reiterated the fact that fire fighters were still protected by State/Federal laws and constitutional rights. He further clarified that the payment for training hours were limited to 16 hours but that additional training costs would be continued to be paid. Council directed staffto review the policy and clarify all concerns with the Fire Fighters. MOTION by Edwards to adopt the Fire Department Personnel Policy and to adopt Ordinance No. X.S, An Ordinance Amending Title 6, Chapter 2, Pertaining to the Fire Department. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Public Works Director Osmundson recommended to Council a change order to City Project#266 to address drainage problems at Lower 147`'' Street and Canada Avenue. This change order added a cost of approximately $40,000 to the project. Osmundson attributed the drainage problem to the flat grade on Canada Avenue and failed upstream dry wells. MOTION by Anderson to authorize approval and necessary signatures for change order#2 to the 1996 Street and Utility Reconstruction Improvements, City Project#266. Second by Wippermann. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Mayor Busho reviewed a letter from Minnesota Department ofRevenue, Property Tax Division regarding the 1998 transit services levy limitation for operating costs and capital expenditures. MOTION by Busho to not levy for the tax, that the Met Council will do it and to authorize the preparation and signatures of the resolution and forward it on to MVTA so that they will know we will not be levying the tax. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. 2 � � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JUNE 17, 1997 Community Deve(opment Director Rogness presented an overview of the concept plan for the Shannon Pond South-Hampton Development. The concept plan is for 26.73 acres at the northwest corner of Shannon Parkway and 160`� Street West and is currently zoned Agriculture. The proposal includes 17 single family dwelling and 10 twinhomes for a total of 37 new units. Mayor Busho opened the floor for public comments. Bruce Anthony, 4195 West 158`� Street, is opposed to the proposal. He expressed concern with the twin homes. Carl Osterhaus, 4165 158"' Street, is opposed to the twin homes and feels that the property values of the neighborhood would decline. He is also concerned with safety issues. Dana Werner, 4215 157`'' Street, is concerned with the final grade of the lots and the safety of the children. Ms. Werner request that if concept plan is approved to condition it by not allowing 157�' Street to be used to haul materials. Jim Burhardt, 4160 158"' Street, is concerned with the ownership of the twin homes. He would like to see a denial of the concept plan. Paul Brown, 4201 157"' Street, felt that the City of Rosemount has enough multi-family dwelling units and would like a denial of the concept plan. Amy Bell, 158`'' Street, was informed when they purchased their home that the area was to remain with single family dwellings. This proposed twin home area would not be consistent with other homes in the area. Mr. Jim Allen from Hampton Development stated that the property values would be subjective; that twin homes usually produce less traffic than single family homes because the residents are typically young professionals or retired; the topography of the site is rather severe to grade for building needs and that the developer needs a higher density to make the project cost ei�ective. Council Member Carroll concluded there would be less traffic due to the twin homes; the area would not produce any additional safety concerns above and beyond normal; there could be a possibility of an increase in density if not approved and that the consistency of surrounding properties would be maintained. Councilmember Wippermann noted that Harnpton Development produces a very good product and there are positive qualities with consistency in maintenance due to an association. However, Westridge development is single family and neighbors had the assumption that adjoining property ' would also be single family. Councilmember Anderson noted that while attending the Lions Park ' dedication that the area has a good feel of a"neighborhood." MOTION by Anderson to adopt A RESOLUTION APPROVING THE REVISED CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR SHANNON POND SOUTH. Second by Carroll. Ayes: Anderson, Canoll. Nays: Wippermann, Bushq Edwards. 3 � � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JI1NE 17, 1997 Motion fails. Mayor Busho commented that she voted on the premise that this is not an"infill" area. It should remain single family. Mayor Busho recessed the Regular City Council meeting for a five minute recess at 9:55 p.m. The agenda was amended at the request of the developer for E& K Enterprises to move to the end of New Business. Community Development Director Rogness reviewed with the Council the request from Robert E. and Sheryl J. Fischer for the lot division, rezoning and site plan review for a truck terminal that ' will occupy 14.24 acres and operate out of a 10, 000 square foot building. This property is located on the south side of 140`� Street East, approximately 500' east of STH 52/56. MOTION by Wippermann to adopt A RESOLUTION APPROVING AN AGRICULTURAL LOT DIVISION REQUESTED BY MARLIN AND JOANN RECHTZIGEL. Second by Edwards. Ayes: Wippermann, Busho, Canoll, Edwards, Anderson. Nays: None. Motion carried. MOTION by Wippermann to Adopt an Ordinance rezoning the 14.24 acre parcel from Agriculture to General Industrial in conformance with the Comprehensive Guide Plan. Second by Edwards. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Community Development Director Rogness reviewed the request from E& K Enterprises for a mixed commercial use planned unit development for a portion of the McMenomy property. This PUD would consist of a mini-storage facility on 5.32 acres and a convenience store with gasoline on 1.56 acres at the northeast corner of Chippendale Avenue and 160"' Street. MOTION by Carroll to adopt A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR E & K ENTERPRISES AND SECURE MINI STORAGE, LLP. Second by Anderson. Discussion ensued with the Council regarding permitted uses for zoning classification and the combination of uses for the properties. Vote on Motion. Ayes; Carroll, Anderson. Nays: Wippermann, Busho. Present: Edwards. Motion denied. MOTION by Edwards to approve A RESOLUTION APPROVING THE CONCEPT COMMERCIAL PLANNED UNIT DEVELOPMENT FOR E & K ENTERPRISES AND SECURE MINI STORAGE, LLP as revised for mini storage only. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Community Deve(opment Director introduced Ron Mullenback, Planning Intern, who will be working on updating the Comprehensive Guide Plan. The Mayor and Council welcomed Ron. 4 f � ROSEMOUNT CITY-PROCEEDINGS REGULAR MEETING JUNE 17, t 997 Mayor Busho adjourned the meeting at 11:15 p.m. Respectfully submitted, Maryann Stoffel, Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's file 1997-21. 5 �