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Home My WebLink AboutSeptember 2, 1997ROSEMOUNT CITY PROCEEDINGS 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 Administrator Walsh, Parks Recreation/Conmmnity Center Director Topitzhofer, Public Works Director /CityEngineer 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 Department 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 thewarranty datewhich should readJune, 1999. There was no Public Comment or response to Public Comment. Public Works Director /City Engineer Osmundson noted that a meeting is scheduled on September 17, 1997, 5:30 p.m. to 8:30 p.m. regarding the County Road 42 issue which has been titled, "Coffee withCommissioners." Osmundson will beattending andrequested thattwoCity Councilmembers also attend. Councilmembers willcontact Osmundson whentheydetermine if they can attend. The Consent Agenda was discussed. MOTION byEdwards toapprove theConsent Agenda with Items 6.1. Temporary OnSale Liquor License for Rosemount Jaycees and 6.m. Title 9, Building Regulations, Rewrite of City Code pulled for further discussion andthe correction ofyear to1999 inItem 6.j. Second by Wippermann. Ayes: Four. Motion carried. Assistant tothe Administrator Walsh presented theAmerican Disabilities Act (ADA) Accessibility Report forthe City ofRosemount which were theresults ofrecent surveys and evaluations of city facilities, programs, services, policies and parks. The public was invited to participate inthestudy andtoattend thismeeting. Announcements ofthe meeting were placed inthree local papers and were telecast onthe city's public access channel. One letter was received noting suggestions forresponding tostroke 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 inconducting the evaluation ofcityfacilities, parks, programs andpolicies todetermine accessibility issues withregard totheADA. The final ROSEMOUNTCITYPROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 reports provide 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 ofthe ADA regulations. Ms. Quarve- Peterson answered several questions asked bythe 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 theTitle9, Building Regulations changes. Council hadrequested asurvey ofareacitiestodetermine thecommon 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 shewould notagree withthe10:00 p.m. endtimeandthought thatan8:00 p.m. end timewould result withTesscomplaints. MOTION by Carroll to ADOPT ORDINANCE XVIII.10 PERTAINING TO BUILDING REGULATIONS. Second by Edwards. Ayes: Edwards, Wippermann, Carroll. Nays: Busho. Motion carried. Community Development Director Rogness reviewed theTown andCountry FinalPlanned 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 siteplanned forfourteen buildings and 72unitsatadensity ofsixdwelling units peracre. 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 workers. The deck color will be matched to the trim of the buildings. Mr. Kelly Mcgivem, 15173 Claret Avenue, isnext toTown andCounty Homes proposed development. Mcgivem 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. Mcgivem also was concerned about his property value going down. Councilmember Wippermann asked thevalue and sizeoftheunits. Block replied thatthesizeis 1100to1479 square feetandthepriceisestimated from $90,000 to $140,000 with anaverage of 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2,1997 120,000. Wippermann asked staff ifany other development has been allowed with single garage development. Staff wasunaware of another project proposing single stall garages. Ray Connelly, real estate agent for the McNamara's, has looked at asimilar project in Eagan. Connelly noted thatitwasofvery goodquality. 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 byBusho. 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, and5) keep theadditional landscaping. Mayor Busho requested thatstaff and City Attorney LeFevere draft a resolution of findings of facts for denial. Community Development Director Rogness presented theproposed development byPulte Hones of Minnesota, Inc. which the Planning Commission has recommended. The 35 acre site isbetween County Road 42andBiscayne Way. Pulte Homes proposed 138units. Tree preservation was given a high priority. This project features detached town homes on fifty foot lots, andsingle level town homes inclusters oftwoandfour. An association would berequired 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 Tots would bebehind oneresidential lotonBiscayne Way. Drainage now ponds on the westem 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 1 1 1 ROSEMOUNTCITYPROCEEDINGS REGULARMEETING SEPTEMBER 2, 1997 Topitzhofer noted that improvements are planned for Biscayne Park. The proposed development plans tohave open green space, notplayequipment. Guy Swartz, 14615 Biscayne Way, was glad tohear that thatsome ofthe trees arestaying. He had concerns for drainage also. 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 theTitle oftheRosemount Ordinance refers onlytoattached 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 onthesubdivision agreement and PUD beencouraged tochange to12foot driveways or curb cuts at the street to aid in snow placement and to have the development association careforsnowplowing inthecul -de -sacs. Staff agreed andnoted that theprocess 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 entertaimnent 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 CityCouncil receive apayment of $1,440 prior tothe eventwith theremainder tobepaid from profits. andthatexcess revenues would bedonated tothecity forthe amphitheatre. Following considerable discussion, Council consensus was the entire amount should be paid before the event unlesstheevents committee could provide anappropriate 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. 1 MOTION byEdwards toapprove aTemporary OnSaleLiquor License fortheRosemount 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. HarryBrullofPDIpresented aproposed timetableforadsandinterviews inorderto accomplish thehiringbyJanuary 1. Brull suggested anAdvisory Panelbeformed withupper and lower management. Brull wouldexpect twenty orthirtyapplicants. PDIwill alsodoan evaluation after the new chief has been with the city six months. MOTION byBusho toenterintoanagreement withPDIfor aPolice Chief search Second by Edwards. Ayes: Carroll, Edwards, Wippermann, Busho. Nays: None. Motion carried. Mayor Busho notedthatBasic Builders willhave anOpen House forHawkins Pond on September 4, 1997. Mayor Busho adjourned the meeting at 11:45 p.m. Respectfully submitted, Susdn M. Wp sh, City Clerk The City Council Agenda Packet is Clerk's file 1997 -29. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING SEPTEMBER 2, 1997 Linda Jentink, Recording Secretary