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HomeMy WebLinkAbout4.a. Minutes of December 5, 1995 Regular City Council Meeting ` ROSEMOUNT CITY PROCEEDINGS � REGULAR MEETING DECENIBER 5, 1995 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, December 5, 1995 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Anderson, Wippermann, Staats, and Busho present. Also present were City Attorney LeFevere, City Administrator Burt, Community Development Director Rogness, Senior Planner Mack, Assistant Planner Pearson, Public Works Director/City Engineer Osmundson and Fire Chief Aker. Mayor McMenomy led the group in the Pledge of Allegiance. The two public hearings were pulled from the agenda because the Public Notices did not get published in the official city paper, the Rosemount Town Pages. These public hearings were: 1)Eastbridge Townhomes Planned Unit Development-Final Development Plan, Preliminary Plat and Rezoning and 2)Zoning and Subdivision Ordinance Text Amendment(on revising the public hearing process). One item was added to Old Business: Fire Station Property. A letter was received from Peter 7. Coyle, from Larkin, Hoffman, Daly&Lindgren, Ltd. regarding the Concept Plan Approval for the Chippendale/42 Partnership Project. A petition was received from residents of O'Leary Hills Sth Addition stating concerns for the Chippendale/42 Partnership Project. City Administrator Burt requested direction from the City Council on the choice of selection process for the city councilmember position open January 2, 1996. After Mayor-elect Busho is sworn in on January 2, 1996, a councilmember vacancy will be created. State law dictates that this position will be filled by appointment by the Mayor and three remaining city councilmembers.. In the case of a tie, the mayor would have the deciding vote. Concensus was to advertise in the local paper, application forms would not be required, and a list of interested persons would be assembled. This list will be reviewed some time after the January 2, 1996 meeting. Mayor McMenomy introduced the new Community Development Director Dan Rogness. Rogness started a week ago and is welcomed by City Council and staffto the City ofRosemount. Rogness was formerly Community Development Director for the City of Northfield. MOTION by McMenomy to approve the Consent Agenda. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats,Busho. Nays: None. The Chippendale Partners requested their agenda item be considered later in the meeting while they wait for additional staff to arrive. Mayor McMenomy agreed. Senior Planner Mack reviewed a Housing Goa1s Agreement Metropolitan Livable Communities Act. This agreement sets out the principles and goals of the Act that are specific to Rosemount. It sets benchmark percentages for affordablity, life-cycle, and density; and authorizes the Dakota County HRA to serve as facilitator for Rosemount in the county wide"Cluster Plan" for implernentation of the Goals Agreement. Tracie Chamberlin from the Dakota County Housing and Redevelopment Authority explained that she is working with eleven cities to help set comprehensive goals, standardize language, and establish what resources are available to complete the five year action plan for the Housing Goa1s Agreement. ROSEMOUNT CITY PROCEEDINGS' , REGULAR MEETING DECIIVIBER 5, 1995 MOTION by Anderson to approve entering into the Housing Goals Agreement under the Metropolitan Livable Communities Act. Second by Staats. Ayes: Wippermann, McMenomy, Staats, Busho, Anderson. Nays: None. Assistant Planner Pearson reviewed the Zoning Ordinance Text Amendment: Increased Setbacks Along Major Streets, Highways, and Railroads. Staffrealized the need for this change after recent residential development on County Road 42. The Planned Unit Development process would allow for variations of setback criteria in exchange for higher standards of design and creativity. The Planning Commission felt that this was one opportunity to maintain some of the rural character of Rosemount with added safety. Glen Se�on, CMC Heartland Partners, commented on the proposed Te�rt Amendment. Sexton felt that the sideyard setbacks were too large, but the rearyard setbacks were good. Ten feet is standard for sideyards. Also, commercial development neax a railroad should be allowed to build on the easement line. Sexton felt the amendments could make it more difficult for businesses to build in Rosemount. Assistant Planner Pearson noted that six developers had been contacted for input. Three responded positively and there was no response from the other three. Also a study was done of five surrounding cities and their setbacks. Council made several comments. This will be presented to Council again at a future rneeting. Mayor McMenomy noted that the Public Hearing for Chippendale Partners M�ed Use Planned Unit Development Concept Review was held November 7, 1995. Council is awaxe of the concerns of neighbors and McMenomy urged those making comments not to repeat unnecessarily the same concerns. Presentations for the Chippendale Partners Mixed Use Planned Unit Development Concept Review were made by the City and the developer updating all present with the new changes to the concept plan. Peter 7. Coyle, from Laxkin, Hoffman, Da1y&Lindgren,Ltd. noted they have worked with the City Council and staffin good faith and made several design changes complying with the Comprehensive Guide Plan and the Mixed Planned Unit Developrnent process. John Voss noted the added three acre park, the realignment of 151 st Street,removal of the"big box" and service station, and not allowing a 24 hour drugstore. Developers indicated they were aware of the six conditions set forth in the recommended agreement. A traffic study and market study will be done if approved. The full development of this land is not expected until the year 2020. 7im Johnson, P.E. for Bolten-Menu, an engineer for the developer, commented on the developer's proposed full access on Shannon Parkway by County Road 42. He proposed a preliminary lane layout with an access approximately 350 feet sauth of CSAH 42, which in his opinion, would allow adequate stacking space and smooth traffic flow. Phyllis Newman, from the Wensmann developrnent, wanted to know the impact on December Trail's traffic between the two parks. Newman indicated that speed is a problem now and she felt it would increase the danger to pedestrians. City Administrator Burt said that if speed is a 2 � � ROSIIVIOUNT CITY PROCEEDINGS ` REGULAR MEETING DECEIVIBER 5, 1995 problem the Police Department can increase patrols in the area now and that a traffic study will give specific answers to traffic flow problems. Kelly Sampo, 3589 152nd Street West, submitted a petition from O'Leary's Hills Sth Addition residents showing seven concerns. They felt additional changes could be made by the developer. Ted Petersoq of Derby Circle, thought the west side of Shannon Parkway should be improved to protect it from the commercial area. The developer stated that they could not prornise any modigications to the development on the west side of Shannon, since that land is not in the developrnent, however, he indicated more landscaping and berming could be incorporated on the east side of Shannon and help block the commercial area view. Steve Werner, 3864 Upper 149th Street, noted that the sweep of headlights from the accesses on County Road 42 would not be favorable for the neighbors on the north side of County Road 42. Werner thought that there was not enough consideration for the homes to the north. Staff assured him these homes had been talked about and other neighbors to the north did comment af eaxlier meetings. Ron Bennett, 3966 Upper 149th Street, did not like that the space for a large department store could still be a possibility. MOTION by Mayor McMenomy to approve A RESOLUTION APPROVING A CONCEPT FOR CHIPPENDALE PARTNERS 1VII7�ED USE PLANNED UNIT DEVELOPMENT AND SETTING OUT THE CONDITIONS FOR A FINAL DEVELOPMENT PLAN. Second by Staats. Ayes: McMenomy, Staats, Anderson. Nays: Busho, Wippermann. Motion was passed. It was noted that a four/fifths vote would be required when rezoning is requested forthis project. Council noted that the market study and traffic study will have to help convince at least four councilmembers at that point that this development is good for Rosemount. Mayor McMenomy called for a ten minute break. The meeting was resumed at 9:30 p.m. City Administrator Burt presented the appraisal results for the fire station site located on the corner of Shannon Parkway and Dodd Boulevard. The appraised value for the site is$172,620 and the sellers price is $189,424. Mr. Herb Wensmann was contacted and indicated he would agree to split the price difference if the land sale is before 7anuary l, 1996. Discussion ensued by CounciL MOTION by Busho to purchase Outlot B, 2.9 acres, from the Wensmann 9th Addition development for the new fire station in the amount of$181,022. Second by Wippermann. Ayes: Staaxs, Busho, Anderson, Wippermann,McMenomy. Nays: None. Councilmember Busho commented that the fire station site price was justified, alternate sites were considered, and the City saved$8,000. City Administrator Burt confirmed that if additional funds 3 , _ .___ .__ ROSEMOUNT CITY PROCEEDINGS ' > REGULAR MEETING DECIIVIBER 5, 1995 are needed to build the fire station it will have to be budgeted into the Capital Improvement Project funds or continent funds. Mayor McMenomy requested Council to appoint a member to the MCA/Koch Refining Task Force. The purpose of the committee is to design and review reseazch activities to determine whether Koch Refinery is a health risk to neighboring communities. An elected official typically serves on this committee. MOTION by Anderson to appoint Kevin Carroll, Councilmember-elect, to represent the City of Rosemount on the 1t�linnesota Pollution Control Agency/Koch Refining Task Force. Second by Staats. Ayes: Busho, Anderson, Wippermann, McMenomy, Staats. Nays: None. Councilmember Anderson displayed a plaque awarded to the City of Rosemount at its annual meeting for its program, "Partners in Progress." Rosemount was recognized for the new commerciaUindustrial business park which will soon be home to several quality businesses. City Administrator Burt confirmed that two sites in Rosemount, by the University of Minnesota Agriculture property and Koch Refining, are being considered for a truck-train terminal. The terminal would probably cover about 165 acres and would cost at least $150 million for on-site development. One other site is also being considered in Cottage Grove. MOTION by McMenomy to adjourn the meeting. Second by Staats. Ayes: Anderson, Wippermann, McMenomy, Staats, Busho. Nays: None. The meeting was adjourned at 9:45 p.m. Respectfully submitted, Linda Jentink, Recording Secretary The City Council Agenda Packet is Clerk's File 1995-28. 4