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HomeMy WebLinkAbout6.a. Minutes of September 2, 1997 Regular City Council Meeting , Er ITE� �t � �� ROSEMOUNT CITY PROCE�D�NGS , REGULAR MEETING . SEPTEMBER 2, 1997 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, September 2, 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, Carroll, and Wippermann present. Also present were City Attorney LeFevere, City Administrator Burt, Assistant to the Administratar Walsh, Parks &Recreation/Community Center Director Topitzhofer, Public Works Director/City Engineer Osmundson, Community Development Director Rogness, and Intern Mullenbach. Parks &Recreation/Community Center Director Topitzhofer led the group with the Pledge of Allegiance, The Agenda was amended by moving Consent Agenda Items 6.1 Temporary On Sale Liquor License for Rosemount Jaycees to 8.c. and 6.m. Title 9, Building Regulations, Rewrite of City Code to 7.b. Public Works Director/City Engineer Osmundson requested discussion under Deparhnent Heads for a County Road 42 Update. A correction was noted for Consent Agenda Item 6.j. Final Acceptance of Streets &Utilities, Shannon Meadows Addition, City Project 261 regarding the warranty date which should read June, 1999. There was no Public Comment or response to Public Comment. ', Public Works Director/City Engineer Osmundson noted that a meeting is scheduled on I September 17, 1997, 5:30 p.m. to 8:30 p.m. regarding the County Road 42 issue which has been titled, "Coffee with Commissioners." Osmundson will be attending and requested that two City Councilmembers also attend. Councilmembers will contact Osmundson when they determine if they can attend. The Consent Agenda was discussed. MOTION by Edwards to approve the Consent Agenda with Items 6.1. Temporary On Sale Liquor License for Rosemount Jaycees and 6.m. Title 9,Building Regulations, Rewrite of City Code pulled for further discussion and the correction of year to 1999 in Item 6 j. Second by Wippermann. Ayes: Four. Motion carried. Assistant to the Administrator Walsh presented the American Disabilities Act(ADA) Accessibility Report for the City of Rosemount which were the results of recent surveys and evaluations of city facilities, programs, services, policies and parks. The public was invited to participate in the study and to attend this meeting. Announcements of the meeting were placed in three local papers and were telecast on the city's public access channeL One letter was received noting suggestions for responding to stroke victims. Also, this letter suggested benches in public areas for resting for recuperating patients or elderly. Julie Quarve-Peterson and Dinah Mass of RSP Architects assisted city staff in conducting the evaluation of city facilities, parks, programs and policies to determine accessibility issues with regard to the ADA. The final . ;� . ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 reportsprovide documentation of the present status of the City and give direction to staff to further improve and refine facilities,programs, and policies to comply with the ADA. The consultant's recommended priorities are guidelines and can continually change, and the reports should be considered a"working document." She also advised that overall the city meets many of the ADA regulations. Ms. Quarve-Peterson answered several questions asked by the City Council. Mayor Busho requested this issue to be placed on an agenda at a work session. MOTION by Wippermann to receive the American Disabilities Act Accessibility Reports. Second by Carroll. Ayes: Carroll, Edwards, Wippermann. Busho. Nays: None. Motion carried. Community Development Director Rogness answered questions regarding the Title 9, Building Regulations changes. Council had requested a survey of area cities to determine the common hours allowed for construction noise regulation. The survey results showed that the most common start time was 7:00 a.m. and end time was 10:00 p.m. Busho noted that based on residents complaints she would not agree with the 10:00 p.m. end time and thought that an 8:00 p.m. end time would result with less complaints. MOTION by Carroll to ADOPT ORDINANCE XVIII.10 PERTAINING TO BUILDING REGULATIONS. Second by Edwards. Ayes: Edwards, Wippermann, Carroll. Nays: Busha Motion carried. Community Development Director Rogness reviewed the Town and Country Final Planned Unit Development proposal and rezoning. This is the McNamara Addition south of County Road 42 between Shannon Parkway and Chippendale Avenue, considered Outlot E. This is a twelve acre site planned for fourteen buildings and 72 units at a density of six dwelling units per acre. The Planning Commission recommended approvaL Al Block of Town and County Homes answered questions regarding this project. The buildings ', allowed for single and double garages with stacked units in the five and six unit buildings. The �, building size is mixed with 4, 5, and 6 units. Those with stacked units include a main level unit �, without stairs which would be attractive to the elderly or disabled. The single garage units are ! marketed at young single warkers. The deck color will be matched to the trim of the buildings. Mr. Kelly Mcgivern, 15173 Claret Avenue, is next to Town and County Homes proposed development. Mcgivern has concerns about the closeness and height of the town homes allowing residents to look into his yard and windows. Mcgivern suggested that the street be realigned to place the building more northerly with three other buildings thus making his lot a corner lot. The developer promised berming, lowering the building with an added retaining wall, and fewer decks than originally proposed. Mcgivern also was concerned about his property value going down. Councilmember Wippermann asked the value and size of the units. Block replied that the size is 1100 to 1479 s uare feet and the rice is estimated from $90,000 to $140,000 with an avera e of q P g 2 — __ ._ _____--- ----- � ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 $120,000. Wippermann asked staff if any other development has been allowed with single garage development. Staff was unaware of another project proposing single stall gaxages. Ray Connelly, real estate agent for the McNamara's,has looked at a similar project in Eagan. Connelly noted that it was of very good quality. Councilmember Carroll noted that it would be in the best interest of Rosemount to have a higher value project; however, a sensitivity for what people are looking for is needed and this would give a diversity to those who may be single, divorced, or widowed. The developer believed there would be a market for them. City Attorney LeFevere noted that a 4/5 vote is required for rezoning and a majority vote for the PUD approvaL MOTION by Edwards to adopt an ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE rezoning the property to R-2, Single Family Attached Residential from(A)Agriculture in conformance with the Comprehensive Guide Plan(mixed use PUD). Second by Carroll. Ayes: Wippermann,Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING THE AMENDMENT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR THE TOWN AND COUNTRY ADDITION. Second by Busho. Ayes: Carroll. Nays: Busho, Edwards, Wippermann. Motion denied. Mayor Busho suggested to the developer to make changes to the Town and County plat and to resubmit them. The discussion included 1)two stall gaxages, 2)no stacking, 3) larger units, 4) possible basements, and 5)keep the additional landscaping. Mayar Busho requested that staff and City Attorney LeFevere draft a resolution of findings of facts for denial. Community Development Director Rogness presented the proposed development by Pulte Homes of Minnesota, Inc. which the Planning Commission has recommended. The 35 acre site is between County Road 42 and Biscayne Way. Pulte Homes proposed 138 units. Tree preservation was given a high priority. This project features detached town homes on fifty foot lots, and single level town homes in clusters of two and four. An association would be required to tend to yards and snow plowing on the courts. All units have two car garages and basements are optional to the buyer. Paul Wrolstad, 14545 Biscayne Way, was concerned about the small lots. On the east end of the development three lots would be behind one residential lot on Biscayne Way. Drainage now ponds on the western side of the site every spring. Staff noted the grading would change that. Scott Baldwin, 14555 Biscayne Way, noted that any children going to Biscayne Park will not have sid ewalks or safe intersections for crossing streets. Parks &Recreation Director 3 — ----- __ __-- . ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 $120,000. Wippermann asked staff if any other development has been allowed with single garage development. Staff was unaware of another project proposing single stall garages. Ray Connelly, real estate agent for the McNamara's,has looked at a similar project in Eagan. Connelly noted that it was of very good quality. Councilmember Carroll noted that it would be in the best interest of Rosemount to have a higher value project; however, a sensitivity for what people are looking for is needed and this would give a diversity to those who may be single, divorced, or widowed. The developer believed there would be a market for them. City Attorney LeFevere noted that a 4/5 vote is required for rezoning and a majority vote for the PUD approvaL MOTION by Edwards to adopt an ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE rezoning the property to R-2, Single Family Attached Residential from(A) Agriculture in conformance with the Comprehensive Guide Plan (mixed use PUD). Second by Carroll. Ayes: Wippermann,Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION to adopt A RESOLUTION APPROVING THE AMENDMENT TO THE ', RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR THE TOWN AND COUNTRY ' ADDITION. Second by Busho. Ayes: Carroll. Nays: Busho, Edwards,Wippermann. Motion ' denied. Mayor Busho suggested to the developer to make changes to the Town and County plat and to resubmit them. The discussion included 1) two stall garages, 2)no stacking, 3) larger units, 4) possible basements, and 5)keep the additional landscaping. Mayor Busho requested that staff and City Attorney LeFevere draft a resolution of findings of facts for denial. Community Development Director Rogness presented the proposed development by Pulte Homes of Minnesota, Inc. which the Planning Commission has recommended. The 35 acre site is between County Road 42 and Biscayne Way. Pulte Homes proposed 138 units. Tree preservation was given a high priority. This project features detached town homes on fifty foot lots, and single level town homes in clusters of two and four. An association would be required to tend to yards and snow plowing on the courts. All units have two car garages and basements are optional to the buyer. Paul Rolstad, 14545 Biscayne Way,was concerned about the small lots. On the east end of the development three lots would be behind one residential lot on Biscayne Way. Drainage now ponds on the western side of the site every spring. Staff noted the grading would change that. Scott Baldwin, 14555 Biscayne Way, noted that any children going to Biscayne Park will not 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 have sidewalks or safe intersections for crossing streets. Parks & Recreation Directar Topitzhofer noted that improvements are planned for Biscayne Park. The proposed development plans to have open green space, not play equipment. Guy Swartz, 14615 Biscayne Way, was glad to hear that that some of the trees are staying. He had concerns for drainage alsa MOTION by Carroll to adopt AN ORDINANCE REZONING OUTLOT C, UNIVERSITY ADDITION TO R-2, SINGLE FAMILY ATTACHED RESIDENTIAL. Second by Edwards. Discussian ensued referencing that R-2 allows for detached town homes per the PUD, even though the Title of the Rosemount Ordinance refers only to attached units. Polling of motion as follows: Ayes: Carroll, Edwards, Wippermann,Busho. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING THE PLANNED UNIT ' DEVELOPMENT FINAL PLAN AND PRELIMINARY PLAT FOR PULTE HOMES OF '� MINNESOTA. Second by Edwards. Discussion followed. Mayor Busho requested that further ' negotiation on the subdivision agreement and PUD be encouraged to change to 12 foot driveways or curb cuts at the street to aid in snow placement and to have the development association care for snow plowing in the cul-de-sacs. Staff agreed and noted that the process allows for review of the City Council one more time before final acceptance. Polling of motion as follows: Ayes: Carroll, Edwards, Busho. Nays: Wippermann. Motion carried. Wippermann noted that he did not approve of the fifty foot lots. Mayor Busho called for a recess and the meeting was reconvened af 10:33 p.m. Assistant to the Administrator Walsh presented a Special Event Permit requested by the Jaycees for Octoberfest on October 3 -5, 1997, in the Erickson Park hockey rinks. There will be food and merchandise vendors and live entertainment with the stage located between the two hockey rinks. Additional police coverage for the event will be required at a cost of$2,880. Staff recommended that this amount be placed in escrow. Event Coordinator Keith Wunder-Joyce requested that the City Council receive a payment of$1,440 prior to the event with the remainder to be paid from profits, and that excess revenues would be donated to the city for the amphitheatre. Following considerable discussion, Council consensus was the entire amount should be paid before the event unless the events committee could provide an appropriate alternative. MOTION by Carroll to approve issuance of a Special Events Permit for Octoberfest, October 3- 5, 1997, subject to receiving certificate of insurance and acquired escrow for police time. Second by Wippermann. Ayes: Wippermann, Busho, Carroll, Edwards. Nays: None. Motion carried. MOTION by Edwards to approve a Temporary On Sale Liquor License for the Rosemount 4 �_ ROSEMOUNT CITY PROCEEDINGS ` REGULAR MEETING` SEPTEMBER 2, 1997 Jaycees for Octoberfest on October 3 - 5, 1997. Second by Wippermann. Ayes: Busho, Carroll, Edwards, Wippermann. Nays: None. Motion carried. City Administrator Burt reviewed the need to replace our retiring Police Chief Lyle Knutsen by the start of 1998. Staff had contacted the firm of PDI specializing in this type of personnel � search. Harry Brull of PDI presented a proposed time table for ads and interviews in order to accomplish the hiring by January 1. Brull suggested an Advisory Panel be formed with upper � and lower management. Brull would expect twenty or thirty applicants. PDI will also do an I, evaluation after the new chief has been with the city six months. I MOTION by Busho to enter into an a eement with PDI for a Police Chief search. Second b I! �' Y Edwards. Ayes: Carroll,Edwards, Wippermann,Busho. Nays: None. Motion carried. 'I Mayor Busho noted that Basic Builders will have an Open House on September 4, 1997. I!I Mayor Busho adjourned the meeting at 11:45 p.m. �, Respectfully submitted, ��I Linda Jentink,Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's file 1997-29. 5 L ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 have sidewalks or safe intersections for crossing streets. Parks & Recreation Director Topitzhofer noted that improvements are planned for Biscayne Park. The proposed development plans to have open green space, not play equipment. Guy Swartz, 14615 Biscayne Way, was glad to hear that that some of the trees are staying. He had concerns for drainage alsa MOTION by Carroll to adopt AN ORDINANCE REZONING OUTLOT C,UNIVERSITY ADDITION TO R-2, SINGLE FAMILY ATTACHED RESIDENTIAL. Second by Edwards. Discussion ensued referencing that R-2 allows for detached town homes per the PUD, even though the Title of the Rosemount Ordinance refers only to attached units. Polling of motion as follows: Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. Motion carried. MOTION by Carroll to adopt A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT FINAL PLAN AND PRELIMINARY PLAT FOR PULTE HOMES OF MINNESOTA. Second by Edwards. Discussion followed. Mayor Busho requested that further negotiation on the subdivision agreement and PUD be encouraged to change to 12 foot driveways or curb cuts at the street to aid in snow placement and to have the development association care for snow plowing in the cul-de-sacs. Staff agreed and noted that the process allows for review of the City Council one more time before final acceptance. Polling of motion as follows: Ayes: Carroll, Edwards,Busho. Nays: Wippermann. Motion carried. Wippermann noted that he did not approve of the fifty foot lots. Mayor Busho called for a recess and the meeting was reconvened at 10:33 p.m. Assistant to the Administrator Walsh presented a Special Event Permit requested by the Jaycees for Octoberfest on October 3 -5, 1997, in the Erickson Park hockey rinks. There will be food and merchandise vendors and live entertainment with the stage located between the two hockey rinks. Additional police coverage for the event will be required at a cost of$2,880. Staff recommended that this amount be placed in escrow. Event Coordinator Keith Wunder-Joyce requested that the City Council receive a payment of$1,440 prior to the event with the remainder to be paid from profits, and that excess revenues would be donated to the city for the amphitheatre. Following considerable discussion, Council consensus was the entire amount should be paid before the event unless the events committee could provide an appropriate alternative. MOTION by Carroll to approve issuance of a Special Events Permit for Octoberfest, October 3- '� 5, 1997, subject to receiving certificate of insurance and acquired escrow for police time. Second by Wippermann. Ayes: Wippermann,Busho, Carroll, Edwards. Nays: None. Motion ', carried. I 4 'i i i . ''` . ' ROSEMOUNT CYTY PROCEEDINGS REGULAR MEETYNG SEPTEMBER 2,1997 ' MOTION by Edwards to approve a Temporary On Sale Liquor License for the Rosemount Jaycees for Octoberfest on October 3 - 5, 1997. Second by Wippermann. Ayes: Busho,Carroll, Edwards, Wippermann. Nays:None. Motion carried. City Administrator Burt reviewed the need to replace our retiring Police Chief Lyle Knutsen by the start of 1998. Staff had contacted the firm of PDI specializing in this type of personnel search. Harry Brull of PDI presented a proposed time table far ads and interviews in order to accomplish the hiring by January 1. Brull suggested an Advisory Panel be formed with upper and lower management. Brull would expect twenty or thirty applicants. PDI will also do an evaluation after the new chief has been with the city six months. MOTION by Busho to enter into an agreement with PDI for a Police Chief search. Second by Edwards. Ayes: Carroll, Edwards, Wippermann, Busho. Nays:None. Motion carried. Mayor Busho noted that Basic Builders will have an Open House on September 4, 1997. Mayor Busho adjourned the meeting at 11:45 p.m. Respectfully submitted, Linda Jentink,Recording Secretary Susan M. Walsh, City Clerk The City Council Agenda Packet is Clerk's file 1997-29. 5