HomeMy WebLinkAbout6.a. Minutes of October 21, 1997 Regular City Council Meeting _ _
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ROSEMOUNT CITY PROCEEDINGS
f REGULAR MEETING
OCTOBER 21, 1997
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
duly held on Tuesday, October 21, 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, Edwazds, Carroll, and
Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt,
Parks &Recreation/Community Center Director Topitzhofer,Public Works Director/City
Engineer Osmundson, Community Development Director Rogness and Civil Engineer Litterer.
Civil Engineer Litterer led the group witk the Pledge of Allegiance.
The Agenda was amended by removing Consent Agenda Item 6.c. Expenditure Approval from
Donation Account for Police Department and a correction to the minutes in Item 6.a. Addirional
information was received for Item 9.a. Twin Cities Townhomes Resolution and for Item 8.a.
Town&Country Homes, a letter in favor of the revised PUD. Also an appeal was received from
Renee Stevenson on Item 7. Public Assessment Hearing, 1996 Street and Utility Reconstruction
Improvements.
There was no Public Comment or response to Public Comment.
Consent Agenda
MOTION by Carroll to approve the Consent Agenda with a change to Item 6.a. Minutes of the
October 7, 1997,Regular City Council Meeting and removing Item 6.c .Expenditure Approval
from Donation Account for Police Department. Second by Edwards. Ayes: Busho, Carroll,
Edwards,Anderson,Wippermann. Nays: None. Motion carried.
Ordinance to Revise RL Zoning District
Community Development Director Rogness presented some background on an amended RL-
Very Low Density Residential District which requires 20,000 square foot lots. This would allow
a critical step in the process of development to protect unique natural features. An optional
planned unit development allows natural features to remain while clusters of moderate density
housing eould develop. It was noted that the Kelley Trust property would be a likely area for this
zoning. The Planning Commission reviewed the RL District and agreed to recommend its
approval on a 4 to 1 vote. Staff requested that Council review this amendment;however, action
would not be requested until a future meeting.
Twin Citv Townhomes Concept Residential PUD-Lakeview Townhomes
Community Development Director Rogness reviewed the request to change the zoning for the
Lakeview Townhomes from BP-3 to BP-4 which would allow attached and multiple housing '
through the Planned Unit Development process. The proposed concept PUD incudes 36 attached
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OCTOBER 21, 1997
townhomes within a mix of 2,3 and 5 -unit buildings. The Planning Commission recommends
this change. The access to the property was discussed. Staff recommended a separate private
access rather than using the temporary driveway leading to the movie theater. This item was
then postponed until a$er the Public Hearing which began at 8:00 p.m. i
Public Hearing: Assessment Hearing for 1996 Street and Utilitv Reconstruction
Improvements.City Project 266
Mayor Busho opened the Public Hearing for the Assessment Hearing for 1996 Street and Utility
Reconstruction Improvement, City Project 266. The recording secretary noted that the affidavits
of posted,mailed and published notice were on file.
Public Works Director/City Engineer Osmundson reviewed the reconstruction of portions of
Cameo Avenue,Lower 147th Street, and Burrna Avenue. The project included installation of
trunk watermains,tntnk storm sewers, and replacement of all the sanitary sewers. Also most
sidewalk was replaced and the electrical lines along Highway 3 by Erickson Park were placed
underground. The total cost of the project was $1,999,915. This was well below the estimated
cost. The assessments to private lots will be asked to cover 9%of the total project cost, or
approximately$2,250 per lot. Written Notices of Objection were received from John
Oxborough, Jerome Clarke,Renee Stevenson, and Bernard Szczesniak. Bernazd Szczesniak also
requested appeal for his neighbor Virgil Felmlee who was not present;no written Notice of
Objection was received. Osmundson thanked staff and the Consultant,WSB,for working so
well with the residents and relaying information. Residents were also thanked for putting up
with the inconvenience to allow this much needed work to be done.
Wes Hasbrock,representative for the Rosemount Methodist Church,reminded Council and staff
that the church does not own the driveway leading from Lower 147th Street. It is city owned.
The church had in fact requested vacation of the right-of-way because they do maintain the
driveway into their parking area. Osmundson noted that the right-of-way allows for a residential
home on the east boundary to have a rear driveway to this lot. Hasbrock noted that the
assessment cost was acceptable,but an appeal will be made pending approval of the vaeation.
John Oxborough, 14690 Cameo Avenue,requested an appeal to the assessment because of the
double lot charge for his corner lot. Oxborough also noted that there is a temporary pole on his
lot which needs to be removed. Oxborough questioned three other lots that were not included in
this assessment.
Osmundson explained that the Assessment Policy was followed and that properties are assessed
according to driveway access. Attorney LeFevere noted that changing the number of lots would
not affect the assessment cost per lot.
Bernard Sczcesniak, 3195 Lower 147 Street,registered an appeal for the assessment. Sczcesniak
noted that his neighbor,Virgil Felme, who could not be present,wished to register an appeal
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also. City Attorney LeFevere stated tha.t a written notice of objection is required,but that it was
not neccessary for the City Council to decide at this time wheather the requirements for an appeal
are met. Sczcesniak thanked staff, especially Rich Lonnquist and Mayor Busho, for listening on
a regular basis to his concerns. He noted that the landscaping was not leveled and is still not
right. Those assessed for the 145th Street Project in 1994 were only charged$1,500; there were
no street lights placed on his street; and,now,there is more fast moving traffic and it has become
a feeder street.
Steve Heimer, 3I35 Lower 147th Street,said it was unfair that other residents were charged less
for their assessments since there is no underground electrical for residential on this proj ect. He
felt it was unfair to have driveway access determine the amount of the assessment. Heimer did
note that the street is very nice now that it is completed.
MOTION by Wippermann to close the Public Hearing-Assessment Hearing for 1996 Street and
Utility Reconstruction Improvements,City Project 266. Second by Edwards. Ayes: Five. Nays:
None. Motion carried.
Attorney LeFevere explained that those appealing have thirty days to file with the City an appeal
and have ten days there after to file the appeal with the District Court.
MOTION by Wippermann to adopt A RESOLUTION ADOPTING ASSESSMENT ROLL,
1996 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS,CITY
PROJECT 266. Second by Andersan. Ayes: Edwards, Anderson,Wippermann,Busho,
Carroll. Nays: None. Motion carried.
Twin Citv Townhomes Concept Residential PUD-Lakeview Townhomes(con'tl
Patrick Simons representing Twin City Townhomes,Inc., brought a model of a townhome unit
and video tape of an existing townhome. Many options are available but most homes are 1200
square feet, full basement,walk out entrance,two car garage, and single level. Similar
developments exist in Spring Lake Park,Coon Rapids,Blaine, Lino Lakes, Woodbury, and
Apple Valley. There would be a home owners association. Council suggested that Simons
consider the distance from the curb to the garage at a minimum of 20 feet,building separatian of
30 feet, and side yard separation of 10 to 20 feet.
MOTION by Wippermann to adopt A RESOLUTION APPROVING THE CONCEPT
RESIDENTIAL PLANNED UlvIT DEVELOPMENT FOR TWIN CITY TOWNHOMES,
INC.with conditions. Second by Edwards. Ayes: Wippermann,Busho, Carroll,Edwards,
Anderson. Nays: None. Motion carried. I
Town & Country Homes.Inc.Revised PUD Amendment
Community Development Director Rogness reviewed the modifications of the PUD Amendment
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for 72 townhomes which are superior to the original plan in terms of aesthetics, street design and
its relationship with surrounding properties. However,the revision does not directly address
single car garages and stacked units.
Allen Block,represented Town&Country Homes and reviewed the design changes including a ��
trail system around the pond, expansion of the pond,six unit buildings were eliminated,the street
was changed by removing two motor courts leaving a winding street with one court providing
eleven of the fifteen buildings with street frontage. Room for detached garages have been
provided for to be built on demand. Block noted that similar homes in Burnsville have sold very
well.
Kelly McGivern, 15173 Claret Avenue,talked with neighbors and said they were satisfied with
the changes and did not have any concerns about single garages and stacked units. McGivern
would like to see this development move forward.
Discussion ensued. Some Councilmembers agreed that they did not have exceptional concerns
with the Planned Unit Development for Town& Country Homes,Inc. They felt the diversity of
housing provided would create more opportunity for seniors, singles, and handicapped. It was
also stated that the developer had complied with some suggestions for changes from the original
concept plan to appease the neighboring property owner Mr. McGivern. Other Councilmembers
had concerns with the single car garages, deta.ched garages, stacked units,no basements, and
limited parking,which could detracted from the image Rosemount would want.
MOTION by Anderson to approve the plan subject to previously identified conditions and
directing staff to prepare an amendment to the Chippendale/42 Partnership Planned Unit
Development agreement. Second by Carroll. Ayes: Carroll,Anderson. Nays: Edwards,
Wippermann. Present: Busho. Tie vote. Motion did not carry.
MOTION by Wipperxnann to deny the revised plan based upon the findings previously adopted
on October 7, 1997. Second by Edwards. Ayes: Edwards, Wippermann. Nays: Carroll,
Anderson. Present: Busho. Tie vote. Motion did not carry.
Attorney LeFevere noted that no majority was expressed. Council discussed repercussions.
Edwards noted that the last action on Town&Country Homes was denial of the Planned Unit
Development on October 7, 1997. This action is maintained.
Krech Landscaping
Community Development Director Rogness reviewed background informaton related to the
Krech Landscaping, 12050 Dodd Boulevard. Their property is zoned rural residential while the
use is a full scale landscape operation. Neighbors have complained about noise,excessive truck
traffic, and unsightliness. City Attorney LeFevere said Krechs have been unwilling to meet with
city officials and the only other option besides ignoring the issue,would be to begin legal action.
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MOTION by Carroll to move into a closed executive session for an attorney-client privileged
discussion. Second by Anderson. Ayes: Five. Nays:None. Motion carried.
The regular meeting of the City Council was suspended for a closed executive session at 10:55
p.m. The meeting was reconvened at 11:27 p.m.
MOTION by Edwards to authorize staff and the city attorney to begin an investigation leading
toward a civil summons and complaint and to further advise council. Second by Wippermann.
Ayes: Five. Nays:None. Motion carried.
Mayor Busho adJourned the meeting at 11:29 p.m.
Respectfully submitted,
Linda Jentink,Recording Secretary
Susan M. Walsh, City Clerk
The City Council Agenda Packet is Clerk's File 1997-34.
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