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HomeMy WebLinkAbout6.a. Minutes of October 5, 2004 Regular City Council MeetingROSEMOUNT CITY PROCEEDINGS r ' REGULAR MEETING OCTOBER 5, 2004 projects by Dakota County for the maintenance facility south of 160' Street and Minnesota Trunk Highway 3 realignment. Details for those projects altered the street plans that had been in place five years ago. The timing of the funding made available for these projects can often change plans also. Brotzler noted this was not a City driven project. Council Member DeBettignies remarked he sympathized with Mr. Murgic, but agreed that the multiple agencies changed the schedule of street improvements. MOTION by DeBettignies to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CSAH 46/ MINNESOTA TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Shoe - Corrigan. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing for Chippendale /CSAH 42 Street & Utility Improvements, City Project 344 City Engineer Brotzler reviewed City Project 344 which included street reconstruction with added turn lanes, curb and gutter, revised signal system at Chippendale and CSAH 42, concrete medians, catch basin and hydrant relocations, and two sewer and water services. The cost was divided between Dakota County, Minnesota State Aid, city funds, and property assessments. The actual cost was 2.9% lower than estimated. Council Member Shoe - Corrigan recalled that residents objected to widening Chippendale Boulevard from CSAH 42 north to 145 Street West so staff scaled the project back and eliminated a medium. City Planner Pearson noted that a common boundary line relocation was done on the Uitdenbogerd property, not a subdivision. The lot is an unusual shape and would require variances in order to build on it. Staff noted that a Letter of Objection was received from Glen A. Uitdenbogerd behalf of his father's proncrty�Fred Uitdenbogerd. Mayor Droste opened the Public Hearing for public comments. No comments were received. MOTION by Droste to close the Public Hearing for Assessment Hearing for Chippendale/CSAH 42 Street & Utility Improvements, City Project 344. Second by Shoe - Corrigan. Ayes: Five. Nays: None. Motion carried. MOTION by Shoe - Corrigan to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 344. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 PUBLIC HEARING: Assessment Hearing for 2004 Street & Utility Reconstruction Improvements, City Project 376 City Engineer Brotzler reported that all work is complete on the reconstruction west of Shannon Parkway on Dallara, Damask, Danbury, and Dahomey Avenues and 145"`, Upper 145 and 147th Streets. This project included storm sewer, watermain, and street reconstruction. Mayor Droste opened the public hearing. Tara Krier, 4146 Upper 145 Street, noted she did not receive notice of this assessment. Ms. Krier stated she had purchased this property this year and complained that her property value had increased $70,000 in one year. Council Member Riley noted that notice is sent to the property owner listed at Dakota County. City Engineer Brotzler said the assessment can be paid over a ten -year period with Dakota County. City Attorney LeFevere noted that an assessment is proposed or pendin>; until it is adopted, then it becomes a m levied assessment ~�� °� «= ed , est unt i ohie — �— — -- ---- ---- ---- --- ---- ------ Tara Krier submitted a Letter of Objection for assessments for City Project 376. MOTION by Droste to close the Public Hearing for Assessment Hearing 2004 Street. & Utility Reconstruction Improvements, City Project 376. Second by Shoe - Corrigan. Ayes: Five. Nays: None. Motion carried. Council Member Shoe - Corrigan said she visited this project area on National Night Out in August and reported that it looked very good. MOTION by DeBettignies to adopt A RESOLUTON ADOPTING THE ASSESSMENT ROLL FOR 2004 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 376. Second by Shoe - Corrigan. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Receive Petition for Local Improvement City Engineer Brotzler reviewed the request by Tom Stordahl of Minnesota Pipe for public improvements on Biscayne Avenue. Minnesota Pipe & Equipment is now located in Farmington. The lot has water but no sewer and would need street improvements for their business. The petition presented did not have 35% of the neighboring property owners' signatures; therefore, staff recommended declaring the petition invalid according to Minnesota Statutes. City Attorney LeFevere explained that the only difference between a valid petition and an invalid petition is that after 30 days if no one challenges it, the City Council's vote can accept a majority rather than a 4/5 vote. Tom Stordahl, a partner with Minnesota Pipe & Equipment, presented his request for road improvements and sewer in order to move the present company from Farmington to Rosemount. The Farmington location is on a four -acre lot and does not allow for expansion of the company. 5 Formatted: Strikethrough Formatted: Strikethrough Formatted: Not Strikethrough Formatted: Not Strikethrough CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Citv Council Meetina Date: OCTOBER 19.2004 AGENDA ITEM: SET SPECIAL MEETING AGENDA SECTION: CONSENT PREPARED BY: DAWN WEITZEL, ASSISTANT CITY AGENDA NO. ADMINISTRATOR ATTACHMENTS: PUBLIC NOTICE APPROVED BY: RECOMMENDED ACTION: Motion to set a special meeting on October 28, 2004, at 6:30 p.m. for the purpose of considering Rosemount Crossing development changes. ACTION: ISSUE Request City Council to set a special meeting for consideration of Council action. BACKGROUND City Council approved the Final PUD and Preliminary Plat for Rosemount Crossing on October 5, 2004. Staff and the City Attorney have been working out details of the Development Agreement. SUMMARY Some significant changes have been proposed to staff by the developer and the City Council is requested to consider those changes. Further negotiations are expected with a proposal ready by October 28, 2004. Since the Council will be together for a special work session on October 28 staff is requesting that a Special Meeting be called at 6:30 p.m. in order to take Council action on the Rosemount Crossing development. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 5, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with - Council Members Riley, Strayton, Shoe - Corrigan and DeBettignies present. Also present were City Administrator Verbrugge, City Attorney LeFevere, Assistant Administrator Weitzel, City Planner Pearson, City Engineer Brotzler, Project Engineer Aderhold, Senior Engineering Technician Fremder, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and WSB Engineering Consultant Dave Hutton. The Pledge of Allegiance was said. City Administrator Verbrugge reported that the applicant for Item l Lb. Zoning Ordinance Text Amendment, Marlon Danner, has withdrawn his request for a zoning amendment. Staff requests that Item 11. b. be removed from the agenda. Some revisions have been submitted by the City Attorney to a resolution for Item l l.c. Rosemount Crossing Final PUD Development Plan and Preliminary Plat and a Parking Study was received for Item l l.c. on October 1, 2004 from the developer. Staff requested that the additional information be added for discussion with Item 1 l.c. Mayor Droste moved to accept the agenda with the removal of Item l Lb. and inclusion of the additional information for Item l l .c. Second by Riley. Ayes: Five. Nays: None. The agenda was adopted. No public comments were offered from the audience. Oath of Office for Police Officer Police Chief Kalstabakken introduced the police department's newest police officer, David Addleman. Officer Addleman attended Mankato State University. He is the nineteenth police officer in the Rosemount Police Department. Mayor Droste administered the Oath of Office to Officer Addleman. Members of the Rosemount Police Department, City Council, friends and family congratulated the new officer. Safe and Sober Communities Agreement and Grant Police Chief Kalstabakken reported that this program is a cooperative effort between Eagan and Rosemount Police Departments. The grant program focuses on concentrating traffic enforcement efforts on specific traffic violations during designated time periods throughout the year. It also deals with educating the public about the need to wear safety belts, utilize child safety restraints and drive safely. The grant pays for overtime for officers to concentrate on traffic enforcement. Rosemount will also partner with the Dakota County'Attorneys Office to help increase seat belt usage among high school aged youth and to reduce underage alcohol use by teens. MOTION by DeBettignies to approve an agreement with the Minnesota Department of Public Safety — Office of Traffic Safety to authorize the Rosemount Police Department to participate in the Safe & Sober program and with the Dakota County' Attorneys Office to partner with agencies for the activities of the Safe Communities Grant and authorize the Chief of Police of the City of Rosemount to sign and execute the necessary agreements and documents to implement these projects. Second by Shoe- Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. 1 4. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 Consent Agenda Mayor Droste requested Item 6.m. be pulled for discussion. MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.m. for discussion. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. a. Minutes of September 7, 2004 Regular City Council Meeting b. Minutes of September 15, 2004 Special Meeting c. Minutes of September 15, 2004 Work Session d. Minutes of September 21, 2004 Regular City Council Meeting e. Minutes of September 21, 2004 Special Work Session f. Bills Listing g. Budget Amendments h. Declare Surplus Equipment i. On Public Premise Liquor License j. Change City Council Meeting Date k. Change Order #1— 2004 Street & Utility Reconstruction, City Project 376 1. Adopting Assessments for Community of Hope Lutheran Church m. Reeeive Plans & gpee'shk-u4herize Ad for- Bid Gememar-a Trail Over-pass, Git y Prej eet 3 7-9 Pulled for discussion. n. Change Order #1 — Rosewood Village 2 nd Addition Street & Utility Improvements, City Project 378 o. No Parking on Connemara Trail Overpass, City Project 379 p. 2005 -2009 Dakota County C.I.P. q. Pre -Bid Qualifications -SCADA Project, City Project 377 r. Hiring Building Inspector s. Hiring Practices t. Authorize Recruitment Process of a Building Maintenance Worker Item 6.m. Receive Plans & Spec's /Authorize Ad for Bid Connemara Trail Overpass, City Project 379 City Engineer Brotzler reviewed the street overpass planned for Connemara Trail over the railroad tracks east of Highway 3. The plans and specifications have been approved by the MnDOT State Bridge Division. The estimated cost of the project is $1,815,250 and it will be funded by Municipal State Aid funds after the project is completed unless State advance funds are available. A general obligation bond could be used for advance funding if needed. Brotzler reported that comments were received from the railroad regarding the necessary license agreement and the agreement will need to be secured prior to construction. The project should be completed by fall of 2005. MOTION by Strayton to adopt A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR THE CONNEMARA TRAIL OVERPASS, CITY PROJECT 379. Second by Riley. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. 2 I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 PUBLIC HEARING: Assessment Hearing for CSAH 46/Trunk HWY 3 Street & Utility Improvements, City Project 284 City Engineer Brotzler noted that improvements were initiated by Dakota County beginning in 1997 at Highway 3 and 160 Street. Highway 3 was realigned, moving it to the east with a four- way stop at that intersection. The bids on the project were completed in 2000 and the project was completed in 2003. The project improvements included upgrading CSAH 46 (160 Street) to a four lane urban section with concrete curb and gutter, a watermain loop along CSAH 46, Highway 3 and Canada Circle, new alignment of CSAH 46 and Highway 3, installation of a frontage road on the north. storm sewer improvements, and installation of a bituminous pathway from Diamond Path to Biscayne Avenue on the north side of 160 Street. Mayor Droste noted that a Letter of Objection was received from Mr. Murgic. City Attorney LeFevere reviewed the right of the residents to appeal a special assessment to District Court. Tonight they must file a Letter of Objection with the Mayor to preserve their right to appeal to the court. The appellant would then have ten days to file civil litigation in District Court. At court they would be able to submit expert appraiser's testimony to verify land values and contest the improvements' benefit. Council Member Riley noted there was a 10.7% higher cost to the project than estimated. City Engineer Brotzler reported that due to multiple agencies involved there were significant delays. The construction material and labor costs increased over the three year construction schedule. Mayor Droste opened the Public Hearing for City Project 284 for public comments. Michael Murgic, 3670 155 Street, Murgic's Auto Body, reported he had paid an assessment for City Project 317 two years ago for sewer. This project was for water and road improvements which took away his frontage on Highway 3 and required disturbing the five -year old road in front of his business. Because his business has been isolated, Mr. Murgic felt he has lost property value. Robert H. Carlson, 1482 Bussard Court, St. Paul, representing Car Nav Five, delivered a Letter of Objection on the assessment for City Project 284. Brett DeBates, 23440 Woodland Road, Lakeville, objected to the assessment and stated he had asked for access into the residential development to the north. DeBates was unhappy that his driveway is in the right turn lane and stated that his property value has not been increased. DeBates submitted a Letter of Objection following the hearing. MOTION by Droste to close the Public Hearing for the Assessment Hearing for CSAH 46 /Trunk Highway 3 Street & Utility Improvements, City Project 284. Second by DeBettignies. Ayes: Five. Nays: None. Motion carried. Council Member Shoe - Corrigan asked staff why .a five -year old road would be torn up. City Engineer Brotzler noted he didn't know specifically, but would guess because of the multiply 3 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 projects by Dakota County for the maintenance facility south of 160 Street and Minnesota Trunk Highway 3 realignment. Details for those projects altered the street plans that had been in place five years ago. The timing of the funding made available for these projects can often change plans also. Brotzler noted this was not a City driven project. Council Member DeBettignies remarked he sympathized with Mr. Murgic, but agreed that the multiple agencies changed the schedule of street improvements. MOTION by DeBettignies to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CSAH 46/ MINNESOTA TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 284. Second by Shoe - Corrigan. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. PUBLIC HEARING: Assessment Hearing for Chippendale /CSAH 42 Street & Utility Improvements, City Project 344 City Engineer Brotzler reviewed City Project 344 which included street reconstruction with added tum lanes, curb and gutter, revised signal system at Chippendale and CSAH 42, concrete medians, catch basin and hydrant relocations, and two sewer and water services. The cost was divided between Dakota County, Minnesota State Aid, city funds, and property assessments. The actual cost was 2.9 % lower than estimated. Council Member Shoe- Corrigan recalled that residents objected to widening Chippendale Boulevard from CSAH 42 north to 145 Street West so staff scaled the project back and eliminated a medium. City Planner Pearson noted that a common boundary line relocation was done on the Uitdenbogerd property, not a subdivision. The lot is an unusual shape and would require variances in order to build on it. Staff noted that a Letter of Objection was received from Glen A. Uitdenbogerd. Mayor Droste opened the Public Hearing for public comments. No comments were received. MOTION by Droste to close the Public Hearing for Assessment Hearing for Chippendale /CSAH 42 Street & Utility improvements, City Project 344. Second by Shoe - Corrigan. Ayes: Five. Nays: None. Motion carried. MOTION by Shoe - Corrigan to adopt A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 344. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 PUBLIC HEARING: Assessment Hearing for 2004 Street & Utility Reconstruction Improvements, City Project 376 City Engineer Brotzler reported that all work is complete on the reconstruction west of Shannon Parkway on Dallara, Damask, Danbury, and Dahomey Avenues and 145 Upper 145t and 147th Streets. This project included storm sewer, watermain, and street reconstruction. Mayor Droste opened the public hearing. Tara Krier, 4146 Upper 145 Street, noted she did not receive notice of this assessment. Ms. Krier stated she had purchased this property this year and complained that her property value had increased $70,000 in one year. Council Member Riley noted that notice is sent to the property owner listed at Dakota County. City Engineer Brotzler said the assessment can be paid over a ten -year period with Dakota County. ' City Attorney LeFevere noted that an assessment is proposed until it is adopted, then it becomes a pending assessment with an estimated cost until the project is finalized. Tara Krier submitted a Letter of Objection for assessments for City Project 376. MOTION by Droste to close the Public Hearing for Assessment Hearing 2004 Street & Utility Reconstruction Improvements, City Project 376. Second by Shoe - Corrigan. Ayes: Five. Nays: None. Motion carried. Council Member Shoe- Corrigan said she visited this project area on National Night Out in August and reported that it looked very good. MOTION by DeBettignies to adopt A RESOLUTON ADOPTING THE ASSESSMENT ROLL FOR 2004 STREET AND UTILITY RECONSTRUCTION IMPROVEMENTS, CITY PROJECT 376. Second by Shoe - Corrigan. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Receive Petition for Local Improvement City Engineer Brotzler reviewed the request by Tom Stordahl of Minnesota Pipe for public improvements on Biscayne Avenue. Minnesota Pipe & Equipment is now located in Farmington. The lot has water but no sewer and would need street improvements for their business. The petition presented did not have 35% of the neighboring property owners' signatures; therefore, staff recommended declaring the petition invalid according to Minnesota Statutes. City Attorney LeFevere explained that the only difference between a valid petition and an invalid petition is that after 30 days if no one challenges it, the City Council's vote can accept a majority rather than a 4/5 vote. Tom Stordahl, a partner with Minnesota Pipe & Equipment, presented his request for road improvements and sewer in order to move the present company from Farmington to Rosemount. The Farmington location is on a four -acre lot and does not allow for expansion of the company. Mr. Stordahl projects growth of 30% in the near future. Minnesota Pipe & Equipment employs 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 27 people. The company does have a large truck volume daily and would require paved roads. Mr. Stordahl requested staff prepare a feasibility study for road and sewer improvements. Mr. Stordahl would like to break ground in the spring of 2005. City Engineer Brotzler reported that a feasibility study would cost $7,000 to $12,000. If following the study, the improvements were denied, the City would be liable for that cost. If the project would be approved, the property owners would share the cost of the study. The University of Minnesota owns land on the east of Biscayne Avenue and it is not obligated to pay assessments; however, it will usually negotiate with the City. It was suggested that this could be discussed at a City Council Work Session. The City is interested in bringing businesses to Rosemount and this area is zoned Business Park. MOTION by Strayton to adopt A RESOLUTION RECEIVING A PETITION AND DECLARING THE PETITION INVALID ACCORDING TO MINNESOTA STATUTES SECTION 429.035. Second by Riley. Ayes: Shoe- Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Rosemount Crossing Final PUD Development Plan & Preliminary Plat, Planning Cases 04- 59 -FP and 04 -60 -04 PP City Planner Pearson reviewed the Steiner Development request for approval of the Planned Unit Development Plan and the Preliminary Plat. City Attorney LeFevere incorporated some changes to the resolution and Steiner Development presented a Parking Study for additional information. Staff had some concerns for parking for the restaurant lot. The Parking Study showed that seating would be for 200 and the parking on the lot would only account for 65 %. Steiner said that the parking would be shared with surrounding businesses and the entire project should be considered a shopping center. This designation, shopping center, would allow for the additional parking. Staff would not want to see overflow parking going into the residential area. One of the conditions allowed for maintenance requirements for the stormwater vault system. A neighbor to the west sent a letter with concerns that shoppers would cut through their neighbor's yard to get into the shopping area. A loading dock wall and landscaping will give some division; however, a fence is not planned. Several details of the development were discussed. The colors allowed for accent will be governed by the Downtown Redevelopment Plan standards. Mr. Johnson, Vice President of Steiner and Kathy Anderson of Architectural Consortium, answered questions and defended the shopping center designation. The development schedule has the grading beginning in October with ALDI and Starbucks being completed in one year. Jim Benshoof explained the analysis of the parking in the Parking Study. The cities of Hopkins, Rochester, and Lilydale have used this approach for parking standards. Consideration was given to Steiner's request to assess development fees over time. City Administrator Verbrugge said it is not in the City policy to assess fees. An option could be provided that when building permits are pulled, the development fee would be paid. City Attorney LeFevere noted that this could be provided for in the subdivision agreement. LeFevere 00 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 5, 2004 agreed that the parking rights are interactive with the four lots and that should be attached to the deed recorded with Dakota County. City Attorney provided wording to condition 1. as follows: "Execution and recording of a PUD agreement to assure the property is developed and used in accordance with plan documents received on September 23, 2004 and this resolution. To the extent of any inconsistencies between this resolution and approved declaration of covenants and restrictions, the latter will control." MOTION by DeBettignies to adopt A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN FOR ROSEMOUNT CROSSING subject to the conditions listed in the resolution with changes to number 1. as stated by the City Attorney and number 18. to clarify color use. Second by Shoe- Corrigan. Discussion ensued. Poll was taken. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. Adopt Resolution Regarding 2030 Transportation Policy Plan City Administrator Verbrugge presented the comments provided by the Association of Metropolitan Municipalities (AMM) on Metropolitan Council's 2030 Transportation Policy Plan. Staff has reviewed the comments and found them to be consistent with the concerns of the City of Rosemount and staff recommends approval of the resolution in support. The City will prepare additional comments regarding this at the October 19, 2004 regular City Council meeting. Announcements City Administrator Verbrugge called for a Closed Executive Session with legal counsel following this meeting in order to consider negotiations for a library site. Verbrugge noted that on Saturday October 9 a Fall Clean-Up Day will be held 8:00 a.m. to noon at the Public Works garage parking lot on Brazil Avenue. Mayor Droste reviewed the scheduled meetings in October. The City Council adjourned to Executive Session at 11:11 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -39. 7