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.
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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.
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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.
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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.
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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.
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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
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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.
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