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HomeMy WebLinkAbout4.a. Minutes of March 15, 1994 Regular Meeting _ ROSEMOUNT CITY PROCEEDINGS + REGULAR bIEETING MARCH 15, 1994 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, March 15, 1994 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Ma.yor McMenomy called the meeting to order with Councilmembers Anderson, Busho and Staats present. Councilmember Wippermann was out of town. Staff present included: City Attorney Donald Fluegel in Attorney Miles absence; City Administrator Burt, Assistant Planner Pearson, Public Works Director Wasmund, Parks & Recreation Director Bechtold, City Engineer Osmundson, Community Center Ma.nager Topitzhofer, and Police Chief Knutsen. Mayor McMenomy lead the group in the Pledge of Allegiance. Additions to the Agenda were as follows: Consent Item 4 .0. Park Shelter (Kiosk) Resolution; and a Closed Session for an update on ' the McDonough Litigation. The new City Administrator, Thomas D. Burt, was introduced and welcomed by City Council . Stephen F. Schmidt, Community Service Manager, Metro East Region, of Northern States Power Company, invited City Council to tour the Prairie Island Dry Cask Storage project. Schmidt aZso offered a video for later review by Council . Dale Vincent was available for questions on nuclear storage. The Mayor informed Council that the legislative bill supporting the nuclear storage� in the Senate Committee had not passed earlier that day, March 15, 1994 . The issue may be going to the Senate or House level in about four weeks. MOTION by McMenomy to approve the Consent Agenda with the addition of the Park Shelter (Kiosk) Resolution. Second by Staats. Ayes : McMenomy, Staats, Busho, Anderson. Nays : None. Assistant Planner Pearson reviewed the West Ridge 5th Addition Final Plat . This is the last phase of the West Ridge Residential Planned Unit Development with 45 single family lots . The Planning Commission recommended approval. MOTION by Staats to adopt A RESOLUTION APPROVING THE TAEST RIDGE FIFTH ADDITION FINAL PLAT and authorize the execution of the West Ridge Fifth Addition Development Contract. Second by Anderson. Ayes: Staats, Busho, Anderson, McMenomy. Nays : None. MOTION by McMenomy to recess for the Closed Session -at 7:50 p.m. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats . Nays: None. The City Council dismissed to the Council Lounge to discuss the McDonough Litigation. The regular meeting was resumed at 8 : 00 p.m, for the public hearings. Mayor McMenomy reviewed the public process for public hearings for the audience. ROSEMOIINT CITY PROCEEDINGS ` � REGULAR MEETING bSARCB 15, 19 9 4 Ma.yor McMenomy opened the Public Hearing for the Cable Franchise Transfer. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Public Works Director Wasmund had reviewed the documents presented to transfer ownership of the Star Metro Cable, Inc. to Marcus Cable Partners, L.P. Wasmund presented three issues to Marcus Cable as follows: 1) Dakota County Technical College had requested cable; 2) "Equipment" is not defined for city hall use, and 3) How long does it takes to get cable service to rural areas . Lisa Washa, General Manager of Star Cable, introduced Dave Hanson, the Vice-president of Operations for Marcus Cable in Eau Claire, Wisconsin. Marcus now owns 53 cable systems and 5 are being added to that. Marcus is committed to the franchise with the same management as now employed there. Help will be given to produce a city channel for Rosemount in the way of development and direction in what kind of equipment to use. There is tough competition for cable from KSTP which now has a new satellite station and U.S. West which will have a video dial tone available. Councilmember Busho asked about density standards . Hanson responded that for one mile, twenty cable customers are needed to break even. A new customer must live within 400 feet of the cable supplying the signal or be charged for the additional cost. The cities of Lakeville, Farmington, and Rosemount jointly had the firm of Moss & Barnett review the legal documents for the cable transfer. Brian Grogan, representing Moss & Barnett, verified that the company of Marcus Cable was duely authorized to do business in Minnesota. Grogan noted that this transfer would not allow new issues to be brought up, but Council could clarify any old issues. The Franchise is for a term of ten years starting in 1989 . MOTION by McMenomy to close the Public Hearing for the Cable Franchise Transfer. Second by Staats . Ayes: McMenomy, Staats, Busho, Anderson. Nays : None. MOTION by McMenomy to adopt A RESOLIITION RECOI�lENDING APPROVAL OF THE TRANSFER OF OWNERSHIP OF STAR METRO CABLE, INC. Second by Busho. Ayes: Busho, Anderson, McMenomy, Staats . Nays ; None. City Council directed Public Works Director Wasmund to pursue the cable drop for the Dakota County Technical College, ISD N0. 917, and negotiations on the other issues with Marcus Cable. Mayor McMenomy called for a short break at 8 :55 p.m. Mayor McMenomy opened the Public Hearing for the Rosemount Village Square Commercial Planned Unit Development. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. ', Assistant Planner Pearson noted that Carlson Properties, Inc. is I requesting approval of a commercial Planned Unit Development (PUD) ' 2 ' ROSE�lOIINT CITY PROCTEDINGS ' REGULAR MEETING ' MARCH 15, 1994 �I on their property on the south side of CSAH 42 between the Pizza I Hut restaurant and the Holiday gas station store for a 70, 000 square foot shopping center. The Planning Commission had reviewed I the original PUD and requested some revisions in terms of building aesthetics, landscaping, and parking design and circulation. These revisions were resolved. On March il, 1994, the developers presented sketches indicating significant modifications to the western half of the shopping mall design. The 10, 000 square foot drug anchor was replaced by a free standing bank with a drive-thru, changing the road alignment to the south. Pearson advised on this date the Dakota County Plat Commission notified city staff that the County will be requiring 100 feet of right-of-way along CSAH 42 . This information would also change the design of the Rosemount Village Square. Pearson recommended tabling action and referring it back to the Planning Commission. City Engineer Osmundson reviewed the five access points to Rosemount Village Square shopping center and the increased traffic counts that may result. In that area in 1991 the traffic count was 12, 000 on CR 42 . In 1993 the traffic count was 15, 500, and it is expected to increase to 20, 000 - 36, 000 cars per day. Staff recommends that traffic should be channeled on Chippendale Avenue with the addition of a median with no left turn except at 151st Street . This would be to allow sufficient space to avoid back up at the traffic light on CR 42 and reoccurring grid-lock. Jack Heschler, representing Carlson Properties, Inc. , noted that � the original plans still are viable. The revisions reduced the building square footage and increased the parking spaces by 40 . I Hessler stated that the ponding design may change but is within a I comfortable range. '�, Gary Gandrud, representing the Holiday Companies, supported the development by Carlson Properties. Gander stated that there was an ' agreement in 1985 committing to full access to Holiday off ' Chippendale Avenue, and would not want this changed. Other ' businesses voiced concern over the change in access off Chippendale Avenue. Joe McNamara of the Rosemount National Bank, Larry McFarland of ' Mac' s Bottle Shop, and Rick Beherns owner of Sunrise property supported the development. Wayne McCall, a resident, noted he would prefer shopping here, in Rosemount and looked forward to the completion of the shopping center. MOTION by Staats to close the Public Hearing for the Rosemount Village Square Commercial Planned Unit Development and Preliminary Plat. S n eco d b Anderson. A M n m Staats e s• A n d e r s o n M c e o Y Y • , Y, , Busho. Na s : None. Y Attorney Fluegel noted he reviewed a copy of the access agreement with Holiday. It can stand as is until the City would have a public safety concexn which would cause it to be revised. 3 ROSSdIO'ONT CITY PROCEEDINGS - REGULAR biEETING " MnRCH 15, 1994 Council consensus was to conclude the motion for the Rosemount Village Square shopping center at the end of the meeting allowing staff time to prepare an appropriate motion. Mayor McMenomy opened the Public Hearing for 0' Leary' s Hills 7th �, and 8th Addition Street and Utility Improvements, City Praject 253 ', and 254 . The recording secretary noted that the Affidavits of ', Published, Mailed, and Posted Notices were on file. � City Engineer Osmundson gave an overview of the project. ' MOTION by McMenomy to close the Public Hearing for 0'Leary' s Hills I 7th and 8th Addition Street and Utility Improvements, City Project 253 and 254 . Second by Staats . Ayes: McMenomy, Staats, Busho, Anderson. Nays: None. , MOTION by Anderson to adopt A RESOLUTION TO APPROVE O'LEARY'S HILLS 7TH AND 8TH ADDITIONS STREET AND UTILITY IMPROVEI�lENTS, CITY PROJECT 253 AND 254 and ordering the preparation of plans and specifications. Secoad by Staats . Ayes : Staats, Busho, Anderson, ' McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for West Ridge 5th Addition Rezoning. The recording secretary noted that the , Affidavits of Published, Mailed, and Posted Notices were on file. ' Assistant Planner Pearson reviewed the request for rezoning of land owned by the Rosemount Development Company, as a Residential Planned Unit Development. This request is to change zoning from ', agricultural to Single Family Residential (detached) . ', MOTION by Staats to close the Public Hearing for West Ridge 5th ', Addition Rezoning. Second by McMenomy. Ayes : Anderson, McMenomy, ', Staats, Busho. Nays: None. MOTION by Anderson to ADOPT AN ORDINANCE NO. B-36 AN ORDINANCE I'i AMENDING ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE whiCh I provides for the rezoning of the West Ridge Fifth Addition xezoning ! from AG Agriculture to R-1 Single Family Residential . Second by �' Staats. Ayes : Anderson, McMenomy, Staats, Busho. Nays : None. Ii Mayor McMenomy opened the Public Hearing for West Ridge 5th Addition, City Project 242 and Shannon Pond 3rd Addition, City Project 248, Street and Utility Improvements. The recording secretary noted that the Affidavits of Published, Mailed, and Posted Notices were on file. Cit�r Engineer Osmundson gave a brief overview of the street and utility improvements for West Ridge 5th and Shannon Pond 3rd Additions. MOTION by Staats to close the Public Hearing for West Ridge 5th Addition, City Project 242 and Shannon Pond 3rd Addition, City Project 248, Street and Utility Improvements . Second by Anderson. Ayes : McMenomy, Staats, Busho, Anderson. Nays: None. 4 ROSEMOUNT CITY PROCEEDINGS � ` REGULAR MEETING ' MARCH 15, 1994 ', MOTION by MeMenomy to ADOPT A RESOLUTION FOR THE APPROVAL AND �', ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR D�TEST RIDGE FIFTH ADDITION STREET AND UTILITY IMPROVE�SENTS CITY PROJECT 242 AND I SHAI�TNON POND THIRD ADDITION STREFsT AND UTILITY IiKPROVEMENTS CITY I PROJECT 248. Second by Staats. Ayes: Staats, Busho, Anderson, ', McMenomy. Nays : None. ', Mayor McMenomy opened the Public Hearing for Shannon Hills 6th � Addition Street and Utility Improvements, City Project 251. The ' recording secretary noted that the Affidavits of Published, Mailed, �', and Posted Notices were on file. ' City Engineer Osmundson explained that Ground Development ' Corporation' s President Steven Fiterman was unable to attend tonight' s meeting and requested a continuance of the Public Hearing to April 5, 1994 . MOTION by McMenomy to continue the Public Hearing for Shannon Hills 6th Addition Street and Utility Improvements, City Project 251 to April 5, 1994 . Second by Anderson. Ayes: Busho, Anderson, McMenomy, Staats. Nays : None. City Engineer Osmundson explained that as a result of discussion I with Dakota County Highway staff and the developers of the Rosemount Village Square a request for a variance was made. The variance requested left and right turn lanes on CSAH 42 and was written to Gary Stevenson, Dakota County Plat Commission, dated March 10, 1994 . A second letter to Dave Everds, County Engineer, also dated March 10, 1994, requested right turn lanes on east bound CSAH 42 at Canada and Chippendale Avenues for construction in 1994 only if funded by the developer of Rosemount Village Square. MOTION by McMenomy not to support the proposal of the Dakota County Plat Commission to improve CSAH 42 to a six-lane roadway requiring additional right-of-way. Second by Anderson. Ayes : Anderson, McMenomy, Staats, Busho. Nays : None. MOT20N by Staats to approve the letters requesting a variance for access and right turn lanes be sent to the appropriate parties at Dakota County. Second by McMenomy. Ayes: McMenomy, Staats, Busho, Anderson. Nays : None. Assistant Planner Pearson noted that the preliminary plat for the Rosemount Village Square could be approved. M OTION b McMenom to a rove the Rosemount Villa e S uare Y Y PP J q preliminary plat. Second by Anderson. Ayes: Staats, Anderson, McMenomy. Nays : None. Present: Busho. Mayor McMenomy called for a five minute break at 10 :55 p.m. The meeting was resumed at 11 : 00 p.m. Discussion ensued by Council and staff. 5 ROS�iOIINT CITY PROCFsEDINGS REGIILAR MEETING ' MnQCH 15, 1994 MOTION by McMenomy to rescind the previous motion approving the Rosemount Village Square preliminary plat. Secoad by Staats. Ayes: Busho, Anderson, McMenomy, Staats . Nays : None. MOTION by McMenomy to approve the Rosemount Village Square preliminary plat and revised Planned Unit Development plan (PUD) I with entry access off of CR 42 both directions, subject to City Engineer' s approval of grading and utility plan and execution of a ', development agreement, and full access will be provided, as it is I currently, at Chippendale Avenue with the option to review as ' necessary in the future. Second by Staats. Ayes: Anderson, ', McMenomy, Staats . Nays : None. Present: Busho. MOTION by McMenomy to adjourn_ Second by Staats . Ayes : McMenomy, ', Staats, Busho, Anderson. Nays: None. The meeting was adjourned ' at 11:20 p.m. Respectfully submitted, ' Linda Jentink Recording Secretary '�, ATTEST: � Thomas D. Burt ', City Administrator '�, The City Council Agenda Packet is Clerk' s File 1994-9 . i 6