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Home My WebLink About6.b. Minutes of March 4, 1997 Regular City Council Meeting � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 4, 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 Edwards, Anderson, Wippermann, and Carroll. Also present were City Attorney LeFevere, City Administrator Burt, Public Works Director Osmundson, and Community Development Director Rogness. Girl Scout Troop 1858, Parkview Elementary School, with leader Debbie Olson and co-leader Jean Egelston lead the group in a flag ceremony, the Pledge of Allegiance, and the Girl Scout Promise. There were no public comments or responses to public comment at this meeting. A Closed Executive Session was requested by Councilmember Edwards for attorney-client information on the Starks and Fields lawsuit appeal. MOTION by Anderson to approve the Consent Agenda. Second by Edwards. Ayes: Five. Nays: None. Motion carried. Community Development Director Rogness reviewed information on the Chippendale/42 Partnership Planned Unit Development Agreement, the Final Plat, and the rezoning of two lots within the development from Agriculture (AG) to General Commercial (C-4). Councilmember Wippermann recalled a discussion on business operating time to be limited from 6:00 am to 10:00 p.m. for the two commercial lots along Shannon Parkway. Peter Coyle, attorney for the development, requested that the time for business operation remain from 6:00 a.m. to 11:00 p.m. City Administrator Burt recalled that the Walgreens representatives agreed to the 10:00 p.m. operating time. Discussion continued on the Chippendale/42 Partnership Planned Unit Development in regard to I� the traffic flow and future private access to Shannon Parkway. The wording incorporated in the agreement would allow the City to have the same control on Shannon Parkway as for any other City street. The private drive can be restricted based on documented traffic circulation or safety reasons at a future date. Both staff and the developer would like a full access onto County Road 42 for Claret Avenue. MOTION by Edwards to authorize the Mayor and City Clerk to execute the Planned Unit Development Agreement for the Chippendale/42 Partnership incorporating the change in the operation time from 11:00 p.m. to 10:00 p.m. Second by Carroll. Ayes: Canoll, Edwards, Anderson, Carroll. Nays: None. Present: Wippermann. Motion carried. MOTION by Carroll to approve A RESOLUTION APPROVING THE FINAL PLAT FOR McNAMARA ADDITION. Second by Anderson. Ayes: Edwards, Anderson, Busho, Carroll. Nays: None. Present: Wippermann. Motion carried. MOTION by Carroll to adopt AN ORDINANCE AMENDING QRDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE for LOTS 1 AND 2, BLOCK l, McNAMARA . . _ . - � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1997 ADDITION. Second by Busho. Ayes: Anderson, Busho, Carroll, Edwards. Nays: None. Present: Wippermann. Motion carried. Mayor Busho opened the Public Hearing at 8:05 p.m. for the Hawkins Pond Street and Utility Improvements, City Project 275. The recording secretary noted that the Ai�davits of Posted, Mailed and Published Notice were on file. Public Works Director/City Engineer Osmundson reviewed the Hawkins Pond Street and Utility Improvements, City Project 275. The 29 acres are proposed to have 69 single family homes in an area generally described as north of 145th Street between Diamond Path and Shannon Parkway. There are three single family home property owners adjacent to this development who will receive assessments for sewer improvements plus the connection charges. The assessments would be in 1999 and generally those assessed would be allowed ten years to pay and two years to connect. City Attorney LeFevere noted that when a property is sold generally all special assessments must be paid. Mayor Busho commented that because of the new Minnesota law on septic systems that some septic system owners may have large investments to upgrade their current system. Greg Goettsch, 4255 145th Street West, commented that he is still paying for the street improvements done on 145th Street a few years ago and that this additional assessment would cause him hardship. MOTION by Busho to close the Public Hearing for Hawkins Pond Street and Utility Improvements, City Project 275 as no further comrnents were presented. Second by Edwards. Ayes: Five. Nays: None. Motion carried. MOTION by Anderson to adopt A RESOLUTION APPROVING THE PROJECT AND ORDERING PLANS AND SPECIFICATIONS FOR HAWKINS POND STREET AND UTII.ITY IMPROVEMENTS, CITY PROJECT 275. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Anderson, Wippermann. Nays: None. Motion carried. Public Works Director/City Engineer Osmundson received a petition from the lot owners in the Broback Industrial Park to improve the street so that homes could be built there. The plat was ' approved in 1973 with the intention of developing a business or industrial park. All of the lots ', except two were recently rezoned from Business Park to Single Family Residential. These lots are unusually large, approximately 1.2 acres with 150 feet of frontage along the service road which is parallel to Diamond Path. The estimated assessments would be $15,855 for the 101ots. Staff recommended that the assessment hearing be held prior to awarding the contract in order to accommodate any appeals. This public hearing is recommended to be set on March 18, 1997. MOTION by Carroll to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SETTING A PUBLIC HEARING FOR BROBACK INDUSTRIAL PARK STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 279. Second by Edwards. Ayes: Carroll, Edwards, Anderson, Wippermann, Busho. Nays: None. Motion carried. Public Works Director/City Engineer Osmundson received a petition from land owners of the 2 . ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MARCH 4, 1997 Geronime Pond area on February 4, 1997 and a feasibility report was ordered. This would include streets, sanitary sewer, watermain, and storm sewer improvements. The developer requested that the project be divided into two phases. First the northerly half of the site and second the southerly half. Dakota County has plans for street improvements on County Road 46 or 160th Street next year. At that time Chippendale Avenue will be realigned so that it is further from the railroad crossing. The proposed development has 101 single family residential and twin home units. The public hearing is set for March 18, 1997. MOTION by Wippermann to adopt A RESOLUTION RECEIVING THE FEASIBILITY REPORT/SET PUBLIC HEARING FOR GERONIME POND ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 280. Second by Anderson. Ayes: Edwards, Anderson, Wippermann, Busho, Carroll. Nays: None. Motion carried. MOTION by Edwards for a closed executive session relating to the appeal of the Starks and Fields Lawsuit. Second by Wippermann. Ayes: Five. Nays: None. Motion carried. ', The meeting was moved to a Closed Executive Session at 8:50 p.m. and then reconvened at 9:27 p.m. MOTION by Wippermann to approve A RESOLUTION REQUESTING REPRESENTATION FROM THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL of the Starks and Fields Lawsuit. Second by Anderson. Ayes: Wippermann, Busho, Carroll, Edwards, Anderson. Nays: None. Motion carried. Council determined that the Committee of the Whole date would need to be changed in April because several members would not be able to attend. A consensus was reached to hold the meeting on Tuesday, April 15, at 5:30 p.m., prior to the Port Authority and City Council meetings and then if necessary the meeting could be e�ended after the City Council meeting has closed. Upcoming events were mentioned as follows: March 8, American Legion Awards (Jay Ford Fireman of the Year and Steve Beberg Policeman of the Year); March 1 l, 11:30 a.m. Governor Carlson; March 12, 6:00 p.m. State Representative Ozment on TIF; and March 15, the Shamrock Award Dinner. Mayor Busho adjourned the meeting at 9:37 p.m. Respectfully submitted, Linda Jentink, Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's file 1997-11. 3