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HomeMy WebLinkAbout6.a. Minutes of August 19, 1997 Regular City Council MeetingITEM # 6 A H ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, August 19, 1997 at 7:32 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Busho called the meeting to order with Councilmembers Wippermann, Edwards, Carroll, and Anderson present. Also present was City Attorney LeFevere, City Administrator Burt, Public Works Director/City Engineer Osmundson, Community Development Director Rogness, Building Official Heimkes, and Intern Mullenbach. Councilmember Carroll led the group with the Pledge of Allegiance. The Agenda remained unchanged. Council received a copy of a facsimile from the city's Risk Management Consultant regarding Item 7.a. LeForet Entrance Monument. Also, Item 8.b. Title 9 Rewrite (Uniform Building Code) was recopied to Council because it had been missing some pages. There was no Public Comment or response to Public Comment. Mayor Busho introduced Jeffrey Cook in the audience as a future firefighter for the City of Rosemount. Cook was welcomed. MOTION by Edwards to approve the Consent Agenda. Second by Anderson. Ayes: Five. Nays: None. Motion carried. Public Works Director/City Engineer Osmundson reviewed the snow plow damage to the LeForet entrance monument on the north side of 138th Street. The city's insurance company denied payment because the city does not own this monument or property. At this time, no one else has claimed ownership. The monuments, on both the north and south sides of 138th Street were installed in 1978 at the entrance to 138th Street off Diamond Path by the developer. There was no association established among the ten neighbors to care for the monuments. Discussion was held on the pros and cons of the city establishing ownership of the monuments. Osmundson noted that a curb would be a preventive measure to avoid future snow plow damage. Attorney LeFevere noted that in future liability claims it may be helpful now to disclaim ownership which is covered under discretionary immunity. Greg Zeno, 13840 Darnel Court, spoke in behalf of the residents of the LeForet Development. Zeno noted that a building permit had been granted in 1978 by the City which he felt showed approval of the location at that time (within the right-of-way). Zeno stated, "The snow plow damaged the monument, we just want it fixed." The residents have held some meetings regarding the repair and may pursue the concept of an association in the future if necessary. Zeno requested that the lighting be replaced as well with an electrical outlet. MOTION by Edwards to direct the Public Works Director to seek the necessary bids and authorize work to restore the LeForet monument to the condition prior to the snow plow ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19,1997 accident. Additionally, the City of Rosemount does not claim ownership, care, custody, or control. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Public Works Director/City Engineer Osmundson noted that he would work with the neighbors in the LeForet Development during the repair of the monument. Community Development Director Rogness presented the findings of fact for the City Council's denial of the planned unit development for mixed housing from Hampton Development Corporation on April 2, 1997. Councilmember Carroll noted that he disagreed with numbers 1., 2., 5., and 7. within the resolution. MOTION by Wippermann to adopt A RESOLUTION FOR DENIAL OF A CONCEPT FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT REQUEST BY HAMPTON DEVELOPMENT CORPORATION BASED UPON FINDINGS OF FACT. Second by Edwards. Ayes: Busho, Edwards, Wippermann. Nays: Carroll, Anderson. Motion carried. Community Development Director Rogness reviewed the request by Hampton Development Corporation for Shannon Pond South for a single family residential development at the northwest corner of Shannon Parkway and 160th Street West. There are 39 single family homes proposed. The Planning Commission conducted a public hearing on August 12, 1997, and recommended approval of the concept plan. MOTION by Wippermann to adopt A RESOLUTION APPROVING THE CONCEPT RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR SHANNON POND SOUTH. Second by Carroll. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Community Development Director Rogness introduced Building Official Heimkes to comment on the revisions to Title 9, Building Code Regulations. Heimkes noted that the revisions updated the wording and added regulations that will allow the city to enforce common complaints by residents and insure safety. Councilmember Carroll noted an example of the City of Minnetonka which opted to form a board to issue penalties rather than have them go to the local court system. Attorney LeFevere noted that Minnetonka was able to do that by a Charter Amendment which is not possible in Rosemount since it is a Statutory City. A discussion incurred regarding operating times for construction. Council requested research on the surrounding cities requirements. MOTION by Edwards to table the adoption of Title 9, Building Regulations. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Mayor Busho announced August 20, 1997, at 11:00 a.m. there will be a dedication of new play equipment at Schwarz Pond Park. Councilmember Carroll noted that on August 21, 1997, at ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19,1997 4:30 p.m. there will be a Dakota County Economic Development Partnership at Old Chicago, in Apple Valley. Mayor Busho adjourned the meeting at 9:28 p.m. Respectfully submitted, Linda Jentink, Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's file 1997-28.