Loading...
HomeMy WebLinkAbout6.a. Minutes of April 17, 2003 Regular City Council MeetingKM # 6 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Thursday, April 17, 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, Shoe- Corrigan, Riley and Strayton present. Also present were City Administrator Verbrugge, Attorney Robert Vose, City Engineer Brotzler, Human Resource / Communications Coordinator Graff, Parks & Recreation Director Schultz, City Planner Pearson, Project Engineer Aderhold, and Consultant Engineer Dave Hutton. The Pledge of Allegiance was led by the National Guard. Additional information was provided for several Items: 5b. A revised proclamation for support of the Armed Forces, National Guard, and Reserve Units; 6f. Bids received for City Project 345, East Side Watermain and attorney's letter; 7. Applicant requested a continuation of this Public Hearing and letters were received in support of the denial of the variance; 8. Preliminary assessment roll and exhibit were added and three letters received against assessments; 10c. Comments on the 500' buffer requirement for service stations and convenience stores restricting sales of fireworks. There were no changes made to the agenda. There were no public comments taken from the audience. Proclamation for Poppy Day The American Legion Auxiliary requested a proclamation for Poppy Day, May 9, 2003. This would be a day to honor veterans and those Americans who have died protecting freedom. MOTION by Droste to proclaim Poppy Day on May 9, 2003 in the City of Rosemount Minnesota. Second by Riley. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. Proclamation of Support for Armed Forces, National Guard, and Reserve Units City Council wanted to show their support and recognize our local Armed Forces, National Guard, and Reserve units serving in the military. Council encourages local citizens to pledge their support during this time of conflict. Mayor Droste noted that the City of Rosemount has been in partnership at the Community Center/National Guard Armory for nine years. The National Guard staff present thanked the Council and residents for their support of the troops and their families. MOTION by Droste to approve the proclamation of support for our local Armed Forces and National Guard and Reserve Units. Second by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Arbor Day and Arbor Month Proclamation Parks and Recreation Director Schultz presented a proclamation noting Arbor Day on May 3 and May as Arbor Month. The Parks and Recreation Department will work in conjunction with the Public Works staff and Dakota Electric to coordinate an Arbor Day Program and tree - give -away. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2003 MOTION by DeBettignies to approve the proclamation identifying May 3, 2003 as Arbor Day and the month of May as Arbor Month. Second by Shoe - Corrigan. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Consent Agenda Mayor Droste pulled Item 6. f. Receive Bids /Award Contract East Side Watermain, Phase 2 Improvements, City Project 345, from the Consent Agenda for discussion. MOTION by Riley to approve the Consent Agenda withdrawing Item 6.f for discussion. Second by Shoe- Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. a. Minutes of April 3, 2003 Regular City Council Meeting b. Bills Listing C. Expenditure from Donation Account - Administration d. Mineral Extraction Permit Renewal — Danner Inc. e. Lot Split — Rosemount Business Park 3-4-5- Pulled for discussion g. Sergeant Promotion h. Hiring of Assistant Planner i. Pavement Management System 6.f. Receive Bids /Award Contract — East Side Watermain, Phase 2 Improvements, City Project 345 Mayor Droste received a letter from Three Rivers Construction. City Engineer Brotzler reviewed the bids received March 14, 2003. The low bidder, Three Rivers Construction Inc. did not acknowledge receipt of an addendum with their final bid as required. Due to this, the City Attorney recommended rejecting the Three Rivers bid and awarding the bid to Contractors Edge, Inc. Attorney Bob Huber spoke in behalf of Three Rivers Construction, Inc. Huber noted that a city council has the right to wave a minor irregularity. Since the addendum only changed the bid by $276 and the City had faxed proof that Three Rivers had received the addendum, Huber felt this would be a minor irregularity. Council Member Shoe - Corrigan suggested re- bidding the project. City Engineer Brotzler noted re- bidding would delay the project 6 to 8 weeks. Mayor Droste noted that another risk would be to award the bid and then face possible litigation that may delay the project as well. City Administrator Verbrugge stated he could provide more information about legal costs and delay of the project. MOTION by Droste to table the award of bid for East Side Watermain Phase 2 Improvements, City Project 345 until May 6th when Council will receive the risk -cost difference. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Droste. Nays: Shoe - Corrigan. Motion carried. 2 f ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2003 Mayor Droste noted at the end of this meeting that the motion for easements had been overlooked. Council proceeded to follow through with the recommended motion. MOTION by Droste to authorize compensation to property owners for the acquisition of easements as noted for the East Side Watermain Phase 2 Improvements, City Project 345. Second by Riley. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. PUBLIC HEARING: Appeal of Board of Appeals & Adjustments: Kulhanek Denial of Variance Mayor Droste explained the process used for public hearings. The Affidavits of Notice and Publication were on file with the City Clerk. Droste also acknowledged three letters received for the record from Attorney Brian D. Alton, Kurt and Betty Ann Schneider, and Phil and Karen Casselman. In addition, a hydrology report from Barr Engineering dated February 28, 2001, was presented from Schneiders for background information. City Planner Pearson noted that Mr. Kulhanek's attorney has requested that the Public Hearing be continued to May 6th. Staff was considerate of that request and recommended a continuance of the Public Hearing to the May 6th regular City Council meeting. Staff noted that there were residents in the audience who wished to address council. Tracy Dougherty, 12375 Blanca Avenue West, a neighbor of Mr. Kulhanek's, gave a detailed review of the building process for 12355 Blanca Avenue. Kulhanek's lot is a partial wetland with drainage coming from neighbor's lots. Neighbors were concerned about where the water would go if it were displaced by buildings and hired Barr Engineering to research the possibilities. One condition attached to the approval of the Kulhanek building permit was to provide a storm water outlet. That was not done. City Council in 2001 made findings that an accessory structure could not be constructed, but a two -car attached garage was allowed. Mr. Kulhanek also hired a consultant, Mr. Svoboda, whose model did not use the same calculation methods that are city policy. City staff recently determined that a garage could be located east of the house, which would only impact the wetland buffer zone and may not require a variance. Mr. Kulhanek was not interested in placing the garage in that location. Tracy Dougherty requested to be noticed when this is considered again by Council. MOTION by Droste to continue the Public Hearing for the Appeal of Board of Appeals & Adjustments Denial of Variance at 12355 Blanca Avenue West to May 6, 2003. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: Strayton. Motion carried. PUBLIC HEARING: Chippendale Avenue /CSAH 42 Street & Utility Improvements, City Project 344 Mayor Droste explained the public hearing process. The Affidavits of Notice and Publication were on file with the City Clerk. Droste noted three letters that were received regarding assessments and safety from Rosemount National Bank, Eric Heim, and Jennifer Heim. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2003 City Engineer Brotzler presented the preliminary assessment roll for City Project 344. Brotzler noted that a special informational meeting was held and comment cards were returned. These comments are recorded in a memo dated April 15, 2003 to City Council. Dave Hutton of WSB Engineering gave a review of the feasibility report. The project includes the reconstruction of Chippendale Avenue from 145th Street to 151 st Street and improvements to the intersection of Chippendale Avenue and County Road 42. A new signal system is proposed and a center median south on Chippendale Avenue closing the left -in access at 151 st Street. City Attorney LeFevere has been negotiating with Holiday gas station on the access closure. LeFevere suggested going ahead with the closure. Hutton explained the traffic counts and the 20 -year projection of growth to 2023. A three to four lane street would handle 10,000 to 18,000 cars per day; a divided four lane street would handle over 18,000 and take the street life out ten to twenty years. The pavement on Chippendale north of CR 42 is 22 years old and in need of repair. The four lane intersection is recommended to taper to a three lane system on Chippendale north of CR 42 at 149th Street and a center median is recommended there. The special assessments are assigned according to the Assessment Policy that applies to those property owners who have driveway access to the street being reconstructed. About $100,000 of the $1,892,480 estimated cost is assigned for assessments. Council directed questions for clarification to Hutton. Council did not have consensus on the immediate need for increasing lanes north of CR 42 on Chippendale. Council did have consensus on proceeding with sidewalks and trails on Chippendale Avenue. Mayor Droste opened the public hearing for audience comment. Glen Uitdenbogerd, 14625 Chippendale Avenue, noted he is in favor of the improvements of Chippendale Avenue and CR 42 and has no problem with the left turn lanes. However, Uitdenbogerd did not think the traffic would increase because this area is a residential area that is fully built out. Therefore, he did not see the need to increase lanes. Uitdenbogerd did agree that the sidewalks be extended; however, there are many mature trees that will be lost. Frontier has cables that are in the way also. Uitdenbogerd noted that at times Chippendale is like a race track with speeding vehicles. Uitdenbogerd also noted that the high school exit to Chili Avenue was never meant to be a permanent street and is not a city street. Gene Stiles, 3515 147th Street West, disagreed with the need to increase lanes on Chippendale. Stiles noted that he has storm water drainage problems on his lot, which worsened after the last city improvement twenty years ago. A catch basin was placed in his backyard, which has six neighboring yards draining into it. His yard is lower than the street and he would like this drainage problem addresses. Council agreed this problem should be addressed. Joe McNamara, Rosemount National Bank, 15055 Chippendale Avenue, felt the traffic projections show more traffic than will actually occur. The Bank maintains that the assessment is unfair because only a small percentage of the traffic will be coming into the bank for business. The easement for the road was already given when the bank was built a few years ago. McNamara stated that this improvement for the future would not benefit the commercial area now. Most traffic enters the bank now on 151st Street. McNamara concluded that the street improvements are appreciated but he does not agree with the assessment. 4 t ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2003 Mary Anne Giles, 14684 Chile Avenue, was concerned for children and pedestrians in this area because of the raceway it has become. Giles stated drivers are passing and speeding continually. Ron Carlson, owner of Rosemount Market Square, noted that an agreement was filed with Dakota County in 1985 maintaining access to Chippendale Avenue. Carlson did not want to have the left -in access closed by a center median. Carlson noted he did not receive the notice on this project. Staff noted the property is deeded to Lucy Carlson, care of United Properties and that proper notice was mailed. Droste directed staff to contact Carlson regarding access. MOTION by Droste to close the Public Hearing for Chippendale Avenue /CSAH 42 Street and Utility Improvements, City Project 344. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Strayton. Nays: None. Council Member Riley left the Chambers temporarily. Motion carried. Council discussed options. Engineer Brotzler noted that traffic accidents at the noted intersection reached 43 between 1998 and 2002. Mayor Droste noted that Metropolitan Council estimates that the population of Rosemount will be 33,000 in 2023 and that the City needs to prepare for that. Council Member Shoe - Corrigan noted that the Stiles lot should be addressed. Shoe - Corrigan also noted that traffic counts were conducted during the summer when school was not in session, so the accuracy is questionable. Council Member Riley wanted consideration to save some of the mature trees on Chippendale Avenue. Engineer Hutton noted that the State has minimum standards for street width in order to receive State Aid funds. Shoe - Corrigan stated that the overall welfare of the whole city is affected by traffic and this improvement needs to go forward. MOTION by Riley to ADOPT A RESOLUTION APPROVING THE PROJECT AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE CHIPPENDALE AVENUE /CSAH 42 STREET AND UTILITY IMPROVEMENT, CITY PROJECT 344, bidding it as three -lane and bidding it as one project. Second by Shoe - Corrigan. Ayes: Shoe - Corrigan, Droste, Riley. Nays: Strayton, DeBettignies. Motion passed 3/2. Staff will prepare revised final plans and provide discussion with the businesses east of Chippendale Avenue. Comprehensive Plan Amendment — McMenomy /Hertog Property City Planner Pearson presented a comprehensive guide plan amendment for a twin -home development proposed on sixteen acres zoned Public & Institutional. It is proposed to rezone that parcel to R -2, Moderate Density Residential. It was noted that the railroad in this area only delivers to West Publishing in Eagan with trains moving at minimal speeds. Approval by Metropolitan Council is necessary before the city can proceed. The Planning Commission recommends approval of the zoning change by a Comprehensive Plan amendment. MOTION by Droste to authorize the preparation of an amendment to the 2020 Rosemount Comprehensive Plan to change the land use designation for the subject property to Urban Residential from Public & Institutional. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Droste. Nays: None. Motion carried. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2003 Residential PUD Concept Plan for Uitdenbogerd, 14676 Dodd Boulevard City Planner Pearson presented a proposal for four single family lots at a location of a single older home. This is an in -fill solution, which will blend with the neighboring parcels. Access for the homes would be on Dodd Boulevard. The back lot would require a strip of land for a driveway on the west boundary for access to Dodd Boulevard. Developer Ed McMenomy stated that without the access for that lot, it would not be economically feasible for the development. A variance would be needed for that lot. Council consensus agreed with the concept. MOTION by DeBettignies to ADOPT A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR THE UITDENBOGERD PROPERTY AT 14676 DODD BOULEVARD WITH CONDITIONS. Second by Droste. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. Fireworks Ordinance City Administrator Verbrugge requested that this ordinance be tabled until after August, 2003. The Chamber of Commerce requested input and several businesses had already set up displays for firework sales. The proposed ordinance would be site regulated to insure public safety. A 500 foot buffer area from a service station or convenience store around a sale site is recommended. Further discussion will be solicited with the business community. MOTION by Droste to table the proposed fireworks ordinance until August 2003. Second by DeBettignies. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. Farmsteads Exterior Materials Zoning Text Amendment City Administrator Verbrugge had been contacted by the City Attorney today who pointed out unclear language, which may cause potential confusion in effectively applying the city regulations. Verbrugge suggested that the Planning Commission review these language changes before City Council considers the zoning text amendment. MOTION by DeBettignies to table the amendment proposal to the zoning ordinance establishing an exception to the accessory structure materials standards for traditional farmsteads. Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: none. Motion carried. Announcements City Administrator Verbrugge announced a `Be Active" spring walk on April 26th at Lebanon Hills Park in Eagan. Verbrugge invited Council and residents to participate. Mayor Droste reviewed the up coming meetings. City Council will return to normal scheduling for the regular City Council meetings, the first and third Tuesdays of the month. The Committee of the Whole work session in May will be held on Thursday, May 15th, thereafter, it will be on Wednesday following the first regular City Council meeting. May 17th a Open Forum will be held where City Council invites residents to come and voice any concerns regarding the City. On 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 17, 2003 May 21st at 6:30 p.m. all city commissions will meet with City Council and city staff for an orientation and goal overview. Mayor Droste adjourned the regular meeting at 10:42 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -16. 7