HomeMy WebLinkAbout6.a. Minutes of May 20, 2003 Regular City Council Meetingk
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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
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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
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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.
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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.
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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.