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HomeMy WebLinkAbout6.a. Minutes of May 20, 2003 Regular City Council Meetingk t ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 20, 2003, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton and Shoe - Corrigan present. Also present were City Administrator Verbrugge, Attorney LeFevere, City Engineer Brotzler, and City Planner Pearson. The Pledge of Allegiance was given. Staff requested an add -on to the Consent Agenda: Authorize Resident Survey. Additional information was provided for several items: 6.e. Bid results for 128 Street drainage improvements, City Project 356; 61. Bacardi Water Tower, City Project 355 purchase agreement; 8. Public Hearing for Chippendale / CSAH 42 Street and Utility Improvements, City Project 344 assessment roll, memo, and resolution; l La. Bid results for Connemara Trail Phase 2 Street & Utility Improvements, City Project 343; and I Lb. Documents reporting results of Vesterra Mining EAW. There were no public comments taken from the audience. MOTION by Droste to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. Motion carried. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda with the addition of 6.1. Authorize Resident Survey and additional information for e. and k. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. a. Minutes of May 6, 2003 Regular City Council Meeting b. Bills Listing C. Receive Donation for Parks & Recreation Dept. d. Expenditure From Donation Account for Parks & Recreation Dept. C. Receive Bids /Award Contract — 128 Street Drainage Improvements, City Project 356 f. Set Public Hearing to Vacate Drainage & Utility Easement in Glendalough 2" Addition g. Receive Feasibility Report/Order Project/Authorize Plans and Specifications - Biscayne Pointe 5 th Addition Street & Utility Improvements, City Project 367 h. Mineral Extraction Permit Renewal Furlong / Ames Construction Inc. i. Mineral Extraction Permit Renewal Ped / Ames Construction j. Change Order #3, Bloomfield 4 th Addition Street & Utilities Improve., Phase 2, City Project 341 k. Property Acquisition for Bacardi Water Tower, City Project 355 1. Add -On Authorize Resident Survey PUBLIC HEARING: Appeal of Board of Appeals & Adjustments: Kulhanek Denial of Variance (continued) Mayor Droste explained this public hearing was continued from the April 15th and May 6th City Council meetings. The Affidavit of Notice and Publication were on file with Clerk's File 2003- 16. City Planner Pearson noted Mr. Kulhanek's right to appeal the decision of the Planning Commission. The requested accessory structure would require variances for the front, side and rear yard setbacks. Pearson presented a lot map with an overlay of other locations on the lot that ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 2003 would require fewer variances for his accessory structure. The alternate locations were not acceptable to the applicant. Staff recommended a motion to direct staff to prepare finding to uphold the decision of the Board of Appeals & Adjustments. Brian Alton, Grand Avenue, St. Paul, is an attorney who represents Michael Kulhanek. Alton explained Kulhanek's desire to build a private detached garage. Alton pointed out that the hardship here is the topography of the property including wetland, and a wetland buffer. Alton believed that this structure and needed fill would not impact the wetland. Alton stated there is an outflow culvert. The State and County have granted Kulhanek a Certificate of Exemption on February 20, 2001 for 2000 square feet of fill, of which he intends to use only 1300 square feet. Mike Kulhanek, 12355 Blanca Avenue, clarified that the southeast corner would not be a good site for the garage because the wetland on the eastern portion is of a higher quality and they want to preserve it. Kulhanek hired Emmons & Olivier Resources, Inc., a hydrologist consultant, to determine the 100 year high water mark elevation. Kulhanek did not feel his proposed garage would be out of place because his neighbor's garage is larger than his and is also close to the property lines. Staff noted that a grading permit and a building permit application have been submitted to the City for Mike Kulhanek's garage. They will not be processed until Council decides on this issue. City Attorney LeFevere said it is state law that governs with the Wetland Conservation Act, and the fill amount of 1300 square feet is too small of an amount to be considered by that. Jeff Nelson, 12334 South Robert Trail, is a neighbor to Mike Kulhanek. Nelson stated his garage is 25 feet from the property line. Nelson questioned how well the drain tile or culvert works as an outlet. Kulhanek's whole garage is proposed to be built within the setbacks. There does not seem to be enough room to build the garage. MOTION by Droste to close the Public Hearing. Second by Strayton. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. MOTION by Riley to direct staff to prepare findings to uphold the decision of the Board of Appeals & Adjustments. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. PUBLIC HEARING: Chippendale Avenue /CSAH 42, Street & Utilitiy Improvements, City Project 344 The Affidavit of Notice and Publication were on file with the City Clerk's office. City Engineer Brotzler reviewed the improvements to Chippendale Avenue in two segments. The first segment includes Chippendale from Upper 149 Street to 151 Street, the second segment on Chippendale includes 145 Street to Upper 149 Street. City Engineer Brotzler introduced Chuck Rickart, Traffic Engineer from WSB & Associates, Inc. who presented the reasoning for keeping a full median in front of the Holiday Station for public safety. The channeling of traffic by placement of a full median would improve safety. Rickart graded the intersection as a "C" right now (A being best and F being worst). Rickart noted that a left -in turn lane will likely 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 2003 cause stacking of traffic. Brotzler reviewed the estimated costs and funding. City Administer Verbrugge thanked the business owners for attending a meeting on May 16 regarding the median on Chippedale Avenue. Verbrugge expressed concerns for public safety balanced by preserving the future success of businesses. Verbrugge noted that if that intersection would be built today, the median would be closed. But, because of preexisting conditions, a cooperative agreement is being considered. Mayor Droste opened the public hearing. Gary Gundrud, Faegree & Benson, 2200 Wells Fargo Center, spoke representing Holiday Company. He noted he was unable to attend the May 16 meeting. Gundrud pointed out that the safety criteria used to measure when an improvement is required does not indicate, with today's statistics, that these improvements are necessary. Vern Swing, RLK Engineering Traffic Engineer representing Holiday Company, agreed and pointed out that the Dakota County criteria notes 2 car crashes per year, but Federal guidelines note 4 crashes per year before it is considered a problem. Gundrud noted that Council should consider, before they order plans, that possible claims may be filed and assessments not paid which would increase the cost of the project. Gene Stiles, 3515 Chippendale Avenue, questioned if his drainage issues were included in the plan. Stiles said he also needs a catch basin in the upper portion of his yard due to his driveway issue. The City has issued a citation to Stiles to provide hard surface to park vehicles. City Engineer Brotzler had staff meet with Stiles and discussed the backyard drainage. It was noted that the existing storm sewer could be revised at an estimated cost of $6,000, however, the entire rear yard area of Mr. Stiles' property would need to be regarded to enhance surface drainage to the stormwater inlet. Stiles requested that his issues be handled before the sidewalk is put in on the west side. Staff will check into the driveway issue. Ron Carlson, represented his family who owns the Chippendale Center where Subway, a florist, a cleaners, and a liquor store are renters. Carlson believes that the traffic count predictions are wrong. Carlson felt that a closed median would keep customers away from the businesses in the shopping center and so is against the full median. Carlson does not believe there is a safety issue at present. Rishi Mohabir, owns Rosemount Liquors, and has been a resident of Rosemount for 16 years. Mohabir believed that closing that access into the shopping area would directly affect 17 businesses. Mohabir began renting when the 1985 Agreement was made with the City to insure the access would remain open. Mohabir encourage all parties to work together as a team to solve this issue. Cliff Carlson, owner of Chippendale Center, urged all parties to come to a sensible and usable solution. Carlson said to push this through would be a big mistake and cost a lot of money. City Attorney LeFevere commented on the 1985 Agreement, which he and city staff have copies of LeFevere noted that there is always potential of liability and the City has insurance for that. The public courts could say that the City has immunity because of the safety issues. A lawsuit 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 2003 based on accidents would not prevail. It was noted that the Agreement was notarized three days prior to the city's signatures. LeFevere noted that a contact is not valid until signed by the second party and the notary is only verifying signatures, not content. Attorney Gundrud noted that a 10% change in cost should be cause for a new public hearing. LeFevere said this is a rule of thumb for the biding processes, but in this project the change caused a reduction and that is not addressed by this rule. Council Member Shoe - Corrigan said she would like to see a study on the impact of on profit loss by affected businesses because of the access closure. Shoe - Corrigan stated that so far concerns are only hearsay. Shoe - Corrigan also pointed out that it appears that Holiday Companies will allow only one solution, and then she asked, "Where is the middle ground ?" Council Member Riley stated that closing a median is not a property right, it is the right of the governing body. Riley believed the 1985 Agreement should be considered null and void. It is possible to still have a win -win situation. Attorney Gundrud referred to a drawing that allowed another turn lane, which he stated Holiday Company would be willing to pay its fair share. Traffic Engineer Swing stated the three -lanes would allow stacking and channeling and would be a better safety arrangement than the current plan. Council Members Strayton and DeBettignies noted that conditions are bad now. Cueing has caused people to become impatient and take chances making a left turn out of Holiday Station. DeBettignies said he uses the Chippendale access going in, but then leaves by 151" Street because the stop sign allows crossing Chippendale Avenue safely. Ron Carlson recalled that the 1985 Agreement was required by Holiday Company before they would purchase the lot. It was not drawn up by the Carlson's. Carlson stated there was a lack of evidence for safety issues and he did not believe 11,500 cars come through the intersection. Rishi Mohabir thanked City Council for the discussion and reminded Council that this has a large impact on four businesses and affects 17 other businesses in that area. MOTION by Droste to close the Public Hearing for the Chippendale Avenue /CSAH 42 Street & Utility Improvements, City Project 344. Second by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Mayor Droste discussed the design with an additional lane, stating that a six lane section with a $30,000 cost increase is over - building the design. That would be the same size as Cedar Avenue and CSAH 42. City Engineer Brotzler pointed out that last week at a meeting Holiday Company said they would not be willing to participate in a third lane. Droste noted that the 1985 Agreement is 18 years old now and it is time to reconsider that whole intersection. Council Member Shoe - Corrigan suggested tabling the public hearing until further information is received. Discussion ensued. rd ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 2003 MOTION by Riley to adopt a resolution ordering the project and authorizing the preparation of plans and specifications for Chippendale /CSAH 42 Street and Utility Improvements, City Project 344. Second by Droste. Discussion was held. Droste suggested a friendly amendment to include working with businesses for a solution. Council Member Riley withdrew her motion. Discussion was held on the "pork chop" median in the access to Holiday and the Chippendale Center. MOTION by Strayton to table this Public Hearing to the next work session on June 1 l Second by Shoe - Corrigan. Ayes: Riley, Strayton, Shoe - Corrigan. Nays: Droste, DeBettignies. A major majority is necessary, this motion fails. MOTION by Riley to ADOPT A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR CHIPPENDALE /CSAH 42 STREET AND UTILITY IMPROVMENTS, CITY PROJECT 344. Second by Droste. Ayes: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste, Nays: None. Motion carried. MOTION by Riley to direct staff to continue to negotiate with the businesses regarding access issues with the end date in mind of August 1, 2003. Second by Shoe - Corrigan. Discussion ensued about deadline date. Shoe - Corrigan suggested a friendly amendment of June 17, 2003. Riley accepted the amendment to her motion. MOTION by Riley to direct staff to continue to negotiate with the businesses regarding access issues with the end date in mind of June 17, 2003. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. PUBLIC HEARING: Connemara Trail Phase 2, Street and Utility Improvements, City Project 343. The Affidavit of Notice and Publication were on file with the City Clerk's office. City Engineer Brotzler presented the extension of Connemara Trail from Trunk Highway 3, east to the Biscayne Pointe 4 Addition Development. This phase includes the reconstruction of Biscayne Avenue from Biscayne Pointe 2nd Addition, north to Connemara Trail. Last year the Brockway Draw Trunk Sanitary Sewer was completed to provide service to St. Joseph's Catholic Church which is under construction. This is a Minnesota State Statute 429 improvement project which requires a major majority vote. The street will be four lanes, 52 feet wide with concrete curb and gutter. This project will include the Keegan Lake outlet. Mayor Droste opened the Public Hearing, however, there were no comments from the audience. MOTION by Droste to close the Public Hearing for Connemara Trail Phase 2 Street and Utility Improvements, City Project 343. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 2003 Council Member Strayton asked if neighbors with special assessments have been made aware of the project. City Engineer Brotzler assured Council that proper process had been followed and condemnation for right -of -way has begun. MOTION by Riley to ADOPT A RESOLUTION ORDERING THE PROJECT FOR CONNEMARA TRAIL PHASE 2 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 343. Second by DeBettignies. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Receive Bids /Award Contract for Connemara Trail Phase 2 Street & Utility Improvements, City Project 343 City Engineer Brotzler presented the bid results from the Bid Opening held May 16, 2003 at City Hall. Staff recommended the low bid from Ryan Contracting Company in the amount of $2,427,719.39. MOTION by DeBettignies to approve A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE CONNEMARA TRAIL PHASE 2 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 343. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Vesterra Mining EAW City Engineer Brotzler introduced Environmental Specialist Andi Moffatt from WSB Engineering. Moffatt gathered the comments from the 30 day public comment period which ended May 14, 2003. Also, responses from the Metropolitan Council, Minnesota Department of Transportation, and Dakota County were provided in a memo dated May 16, 2003. Comments included issues regarding traffic, preservation of trees on site, and an end use plan. City Attorney LeFevere noted that the fourth "whereas" on the resolution should refer to Minnesota Rule 4410.1700, not Rosemount rule. The correction was noted. City Engineer Brotzler explained the permitting process which includes City Council consideration after a mining application is submitted. The mining application is reviewed at a Public Hearing held at the Planning Commission. City Planner Pearson noted that the burden is on the applicant for road improvements and maintenance. MOTION by Riley to adopt A RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR VESTERRA, LLC SAND AND GRAVEL MINE. Second by Strayton. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming meetings including an All Commissioners' Orientation Meeting on May 21, at 6:30 p.m. May 26 is Memorial Day and City Hall will be closed. City Administrator Verbrugge noted that the Library Committee will have a site tour to seven locations on June 9 th at 6:00 p.m. City Engineer announced that the northbound closure of Trunk Highway 3 was now opened. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 20, 2003 Mayor Droste adjourned the regular meeting at 10:55 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -19.