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Home My WebLink About6.a. Minutes of October 7, 1997 Regular City Council Meeting ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, October 7, 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, Edwards, Carroll, and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, Police Lieutenant Kuhns, Parks & Recreation/Community Center Director Topitzhofer, Public Works Director/City Engineer Osmundson, Community Development Director Rogness, and Intern Mullenbach. Intern Mullenbach led the group with the Pledge of Allegiance. The Agenda was amended by moving Consent Agenda Items 6.d Expenditure Approval from Donation Account for Police Department and 6.j. Termination of Towing Contract for discussion. Additional information was provided for Item 6.b. Minutes of September 22, 1997 Committee of the Whole, 6.n. Public Hearing for the Modification of the Downtown TIF District, and 6.0. Geronime Pond Correction to Legal Description. Item 11.b. Selection of Consultant for l��INRRA Study and Comprehensive Plan Update was pulled from agenda. There was no Public Comment or response to Public Comment. Minnesota Manufacturers Week Mayor Busho proclaimed the week of October 13 - 17 to be Minnesota Manufacturers Week to recognize the contributions that manufacturers make in our community with the theme, "Manufacturing Your Future." The following manufacturers are honored: Continental Nitrogen, Geometrix,Pilgrim Promotions Inc., Laidlaw, Rayfo Inc,Reese Enterprises, E & S Processing, Ltd., D-B C Molding, Inc., Cannon Equipment,DPC Industries,Rosemount Woods, CF Industries, Spectro Alloys Corporation, Greif Brothers Corparation, Koch Refining Company,A- 1 Concrete, and Materials Recovery. National Mammo�raphv DaX Mayar Busho proclaimed Octaber 17, 1997, as National Mammography Day. October is National Breast Cancer Awareness Month and the Mayor has been asked to participate in a march at the Mall of America along with other female mayors on October 17. The Minnesota ,I Department of Health has started a statewide comprehensive breast and cervical cancer control , program. ' Consent Agenda ' MOTION to approve the Consent Agenda with minor changes to Items a. and b. Minutes of the September 15, 1997,Regular City Council Meeting and Minutes of September 22, 1997, 1 ROSEMOUNT CITY PROCEEDINGS '� REGULAR MEETING �' OCTOBER 7, 1997 Committee of the Whole and pulling Items 6.d Expenditure Approval from Donation Account ' for Police Department and 6.j. Termination of Towing Contract for discussion. Second by �I Edwards. Ayes: Edwards, Anderson, Wippermann,Busho, Carroll. Nays: None. Motion carried. Item 6.j. Termination of Towing Contract was discussed. Wippermann wished to see more supporting documentation on dissatisfaction of services and requested that the management of Magnum Towing also receive any information. MOTION by Wippermann to table Item 6 j. Termination of Towing Contract until further information can be provided. Second by Edwards. Ayes: Anderson,Wippermann, Busho, Carroll,Edwards. Nays: None. Motion carried. Item 6.d. Expenditure Approval from Donation Account for Police Department was for the purchase of an automatic weapon. Councilmember Edwards requested that a policy be in place to assure proper handling, training, and access for use of this weapon. Lieutenant Kuhns noted that only two members of the Rosemount Police are trained to use this weapon. Staff will prepare a letter of intent and research surrounding city's policies. MOTION by Edwards to table Item 6.d. Expenditure Approval from Donation Account for Police Department. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. MIRTS Positional Statement City Administrator Burt reviewed the Minnesota Intermodal Railroad Terminal Study which has chosen a site in Rosemount for future development of a train/trailer transporting system. Council had given staff direction at the September 22, 1997 Committee of the Whole. The resulting resolution highlights some concerns and requests a contact person. MOTION by Anderson to adopt A RESOLUTION REGARDING THE FUTURE DEVELOPMENT OF THE MINNESOTA INTERMODAL RAILROAD TERMINAL. Second by CarrolL Discussion followed. Councilmember Edwards requested that the resolution reflect that the contact person be either from Minnesota Department of Transportation or Metropolitan Council. Anderson and Carroll accepted this as a friendly amendment to the motion on the floor. Polled. Ayes: Busho, Carroll, Edwards,Anderson, Wippermann. Nays: None. Motion carried. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 Town and Countrv Planned Unit Development Findings of Fact Community Development Director Rogness reviewed the Planned Unit Development (PUD) far Town and Country Homes. Findings For Denial were prepared by the City Attorney and staff. The findings concentrate on the "stacked"dwelling units because the zoning ordinance classifies them as multiple family which is only permitted in R-3 and R-4 Multiple Family Districts. Council also disliked the single car garages and slab-on-grade construction. Peter Coyle, A1 Block, and Michael McNarnara were present to represent Town and County Homes. The PUD had been modified in response to Council's comments on September 16, 1997. They noted that there is a market for single residents and seniors who desire a one car garage and one level homes. Council, staff, and the City Attorney exchanged many comments and possible consequences of actions to be taken. MOTION by Edwards to adopt A RESOLUTION FOR DENIAL OF A RESIDENTIAL PLANNED UNIT DEVELOPMENT REQUESTED BY TOWN & COUNTRY HOMES BASED UPON FINDINGS OF FACT. Second by Busho. Ayes: Edwards, WipperrYann, Busho. Nays: Carroll, Anderson. Motion carried. City Attorney LeFevere advised that a motion to table would take precedent over prior motion. MOTION by Carroll to table the Town& Country Homes Planned Unit Development. Second by Anderson. Ayes: Anderson, Carroll. Nays: Edwards, Wippermann, Busho. Motion failed. MOTION by Carroll to direct staff to discuss and review the newest revised planned unit development for Town& Country and report back to City Council; also, requesting that the developer not be requested to go through the PUD process again. Discussion ensued. Council noted concerns about stacked units, single car garages, adequate visitor and resident parking,ponding, and parks. Motion polled: Second by Anderson. Ayes: Anderson,Wippermann, Busho, Carroll, Edwards. Motion carried. City Administrator Burt noted that if changes occur in the planned unit development that are considered major modifications, it would need to go back to the Planning Commission for review and a public hearing. Assessment Hearing for Biscavne Avenue Improvements, Cit�Project 249 Mayar Busho opened the Public Hearing for Biscayne Avenue Improvements, City Project 249. The recording secretary noted that the affidavits of posted and published notice were on file. 3 ROSEMOUNT CITY PROCEEDINGS ' REGULAR MEETING ; OCTOBER 7, 1997 Public Works Director/City Engineer Osmundson reviewed the reconstruction of Biscayne ,, Avenue from County Road 42 to north of the railroad tracks. This included installation of the I� watermain, sanitary sewer, and streets. The assessments can be paid over a ten year period with a 6.9081% interest rate. Reid Hansen, attorney for CMC Heartland, 12490 Canada Court, filed a protest of assessment. MOTION by Busho to close the Public Hearing for the Assessment for Biscayne Avenue Improvements, City Project 249. Second by Edwards. Ayes: Wippermann, Busho, Carroll, Edwards,Anderson. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE BISCAYNE AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 249. Second by Wippermann. Ayes: Busho,Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Assessment Hearing for Rosemount Business Park Street& Utilit�provements, CitX Project 256 Mayor Busho opened the public hearing for the Assessment Hearing for Rosemount Business Park Street&Utility Improvements, City Project 256. The recording secretary noted that the affidavits of posted an�published notice were on file. Public Works Director/City Engineer Osmundson presented the assessment reports for the Rosemount Business Park Street &Utility Improvements. The Rosemount Port Authority will pay their portion of assessment with the sale of property andfor bonded indebtedness. Reid Hansen, attorney for CMC Heartland, 12490 Canada Court, filed a protest of assessment. MOTION by Busho to close the public hearing for the Assessments for the Rosemount Business Park Street&Utility Improvements, City Project 256. Second by Wippermann. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho.Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR ROSEMOUNT BUSINESS PARK STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 256. Second by Edwards. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. Public Hearing for the Brockway Draw Trunk Sanitarv Sewer Improvements, Citv Project 286 Mayor Busho opened the Public Hearing for Assessments for Brockway Draw Trunk Sanitary Sewer Improvements, City Project 286. The recording secretary noted that the affidavits of 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 posted and published notice were on file. M Public Works Director/City Engineer Osmundson explained the feasibility report which would provide sanitary sewer service to the new MUSA addition connecting the existing MCES interceptor in Section 28 north of CSAH 42 in the CMC Heartland Partners 226 acre site. It will extend northwesterly crossing the railroad and into the Biscayne Pointe plat. Phase I is only being considered with this public hearing. This could be completed this winter. Ed McMenomy, 15872 Chippendale Avenue, asked about property west of the area MUSA addition. Staff directed that he would need to make a petition to the city in order to add that to the MCTSA. The Nelson property is not platted yet which would be required and easements would be needed. Tosh Neminsky, a representative of CMC Heartland, 547 West Jackson, was concerned about the alignment and timing of the project. Osmundson noted that the project could wait. � MOTION by Busho to close the Public Hearing for the Brock Way Draw Trunk Sanitary Sewer Improvements, City Project 286. Second by Anderson. Ayes: Anderson, Wippermann, Busho, Carroll,Edwards. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR THE BROCK WAY DRAW TRUNK SANITARY SEWER IMPROVEMENTS, CITY PROJECT 286. Second by Edwards. Ayes: Wippermann,Busho, Carrall, Edwards, Anderson. Nays: None. Motion carried. Geronime Pond Planned Unit Development Major Amendment Community Development Director Rogness reviewed the request for a change from Tom Birch of Heritage Development for a major amendment to the Geronime Pond PUD that would convert the 56 twin home units to carriage homes. The Planning Commission recommended denial at its. September 23, 1997 regular meeting. Mr. Dobbs,representing Geronime Pond, said that there is a good market for carriage homes and the diversity it offers. Council questioned Dobbs on the side yard setbacks which he said would be 15 feet. Council questioned the representation of the drawing. Dan McNulty, 15670 Cicerone Path, said that the drawing was not done in good faith. Certain information was left out. The size shown of the homes were smaller than actual. MOTION by Carroll to direct that the Planning Commission review and prepare a recommendation regarding the PUD amendment as modified by Heritage Development of Minnesota. No second. Motion dropped. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 7, 1997 MOTION by Edwards to direct staff to prepare findings in support of denial of the PUD amendment requested by Heritage Development of Minnesota. Second by Anderson. Ayes: ' Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. � Mayor Busho mentioned announcements of up coming meetings as follows: Oct.9 - Family Resource Center Ground Breaking; Oct. 10- Community Center Open House; Oct. 12 - City Facilities Open House; Oct. 14-Manufacturers Honored at Chamber Meeting; Oct. 16 - Autumn Social; Oct. 20- Committee of the Whole at the Erickson Community Square Shelter. Mayor Busho adjourned the meeting at 10:08 p.m. Respectfully submitted, Linda Jentink, Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's file 1997-32. 6