HomeMy WebLinkAbout6.a. Minutes of September 2, 1997 Regular City Council Meeting ,
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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
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. 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
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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
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ROSEMOUNT CITY PROCEEDINGS
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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
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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
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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.
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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
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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.
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