HomeMy WebLinkAbout7. 2002 Chippendale Avenue and CSAH 42 Reconstruction, City Project #3444-
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: June 18, 2002
AGENDA ITEM: 2002 Chippendale Avenue and CSAH 42
Reconstruction, City Project #344
AGENDA SECTION:
Public Hearing
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer
AGENIM 3
ATTACHMENTS: Resolutioq Letter
APPROVED B
At the May 7, 2002 Council meeting you received a Feasibility Report for the 2002 Chippendale Avenue and
CSAH 42 Reconstruction Project, City Project #344. This project includes improvements to the intersection of
CSAH 42 and Chippendale Avenue and the reconstruction of Chippendale Avenue from 151 Street to 149
Street. The installation of a new signal system is also proposed as part of the project.
This project was proposed to be completed in 1998 as part of the Chippendale Avenue reconstruction, but was
delayed due to funding issues and concerns expressed by the Holiday Gas Station. The project schedule, as
previously noted, is to complete the design during the summer of 2002 and begin construction is the fall of 2002
or spring of 2003.
The total estimated project cost is $764,000. Three options are included in the report for the assessment of
project costs. The project will be funded through special assessments and Municipal and County State Aid
funds.
Dave Hutton with WSB & Associates, Inc. will be in attendance at the meeting to provide an overview of the
project.
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ORDERING THE PROJECT
AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE 2002 CHIPPENDALE AVENUE
AND CSAH 42 RECONSTRUCTION, CITY PROJECT #344.
COUNCIL ACTION:
I�
Rosemount
National Bank
15055 Chippendale Avenue South
P.O. Box 439
Rosemount, MN 55068 -0439
Phone: (651) 423-5000
Fax: (651) 423 -5148
ARCADE OFFICE
1351 Arcade Street
St. Paul, MN 55106 -1801
Phone: (651) 772 -2541
Fax: (651) 772-3249
June 12, 2002
Madam Mayor and Council Members
City of Rosemount
City Hall
2875 — 145 Street West
Rosemount, Minnesota 55068 -4997
RE 2002 Chippendale Avenue and CSAH 42 Reconstruction.
City Project 344.
Dear Mayor and Council Members:
Rosemount National Bank is appreciative of your accomplishments in improving both the
flow of traffic and the safety of motorists and pedestrians throughout the City of
Rosemount. We accept that improvement to this area may be necessary, but we oppose
the p—
rniect as resented. Our exceptions to the Ject are discussed in the folln -,�rina
P ., p p .,.,.
paragraphs.
We do not believe that the cost of this project should be borne by the property holders
located adjacent to the project. The benefits. of Chippendale Avenue and CSAH 42
accrue to the entire population of the City of Rosemount and to a significant portion of
the population of Dakota County. Thus, the expense for improvement to these roads
should be shared by all who benefit from them.
We oppose the concrete median that is proposed from CSAH 42 to 151 Street West on
Chippendale Ave. While this median will make it more difficult for some of our
customers to enter and exit our place of business, our larger concern is the affect that the
median would have on the business on the east side of Chippendale. We believe that
those businesses will be very adversely affected, as the median would eliminate the route
that many of their customers use to access their businesses. We request that other less
severe alternatives be considered.
"We Can Make it Happen"
Rosemount City Council
June 12, 2002
Page 2.
We oppose the schedule of the project. Based on information we have received the
construction period is September 2, through November 30, 2002. Reportedly the
completion may be delayed dependent on the delivery date of signal poles and
equipment. With the uncertainties that exist in weather conditions at this time of the year
it would appear very possible that the arrival of winter could prevent the completion of
the project. It would not be in anyone's best interest to have an uncompleted work
project at this busy intersection throughout the winter months. We would prefer that
construction of the project be postponed until spring of 2003.
To reiterate: Spread the cost of the project; Evaluate alternative options for the median on
Chippendale; Construct in a time period that guarantees completion prior to the onset of
winter weather. Thank you for your consideration.
Sincerely yours,
9 Namara h c
rman of the Board
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2002 -
A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PLANS AND
SPECIFICATIONS FOR THE 2002 CHIPPENDALE AVENUE AND CSAH 42
IMPROVEMENTS, CITY PROJECT 9344, TAKING INTO ACCOUNT THE
MEDIAN CUT AND DIRECTING LEGAL COUNSEL TO CONTINUE NEGOTIATING
WITH PROPERTY OWNERS
WHEREAS, the City Council has received and accepted the Feasibility Report on May 7, 2002 for City
Project #344; and
WHEREAS, the City Council held a Public Hearing on June 18, 2002.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby orders
the improvements of the 2002 Chippendale Avenue and CSAH 42 Reconstruction, City Project #344.
BE IT FURTHER RESOLVED, that the City Council of the City of Rosemount orders the preparation of
plans and specifications for said improvements of City Project No. 344 taking into account the median cut
and directing Legal Counsel to continue negotiating with property owners.
ADOPTED this 18` day of June, 2002.
Cathy Busho, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Seconded by:
Voted in favor:
Voted against:
w
O
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2002 -
A RESOLUTION ORDERING THE PROJECT AND ORDERING THE PLANS AND
SPECIFICATIONS FOR THE
2002 CHIPPENDALE AVENUE AND CSAH 42 IMPROVEMENTS
CITY PROJECT #344
WHEREAS, the City Council has received and accepted the Feasibility Report on May 7, 2002 for City
Project #344; and
WHEREAS, the City Council held a Public Hearing on June 18, 2002.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby orders
the improvements of the 2002 Chippendale Avenue and CSAH 42 Reconstruction, City Project #344.
BE IT FURTHER RESOLVED, that the City Council of the City of Rosemount orders the preparation of
plans and specifications for said improvements of City Project No. 344.
ADOPTED this 18t`' day of June, 2002.
Cathy Busho, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Seconded by:
Voted in favor:
Voted against:
1
C O P Y FAEGRE & BENSON LLP C O P Y
2200 WELLS FARGO CENTER, 90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402 -3901
TELEPHONE 612.766.7000
FAcsrnL.E 612.766.1600
www.faegre.com
June 12, 2002
Mr. Thomas D. Burt
City Administrator
City of Rosemount
2875 145 Street West
Rosemount, MN 55068 -4997
Re: Access To and From Holiday Stationstore at 15066 Chippendale Avenue
Dear Mr. Burt:
My client, Lyndale Terminal Company ( "Holiday "), owns a Holiday Stationstore at the
corner of Chippendale Avenue and Highway 42 (the "Intersection ") in the City of
Rosemount ( "City ").
It has come to Holiday's attention that the City is presently considering certain street
improvements at the Intersection, including construction of a raised, concrete median along
Chippendale Avenue (the "Project "). After examining the feasibility report prepared for the
City by WSB & Associates, it appears that the Project, as presently constituted, proposes to
eliminate left -in access to the station and left -out access to southbound Chippendale Avenue.
Consequently, the purpose of this letter is three -fold. First, insofar as access will be
eliminated, Holiday formally objects to the Project. Second, Holiday wishes to remind the
City of certain clear, contract rights that benefit Holiday's property and restrain the City's
ability to restrict access thereto. And third, Holiday hopes to open a dialogue with the City
in order to reach an amicable solution to this matter.
Holiday is Entitled to Unrestricted Access Under the Development Contract
On April 2, 1985, the City and Holiday's predecessor -in- interest executed a binding
development contract covering certain issues at the site now occupied by the station (the
"Contract "). Specifically, under the Contract —and notwithstanding the then - planned
improvements on Chippendale Avenue between 151 Street and Highway 42 —the City
agreed "to permit unrestricted access to [Holiday's driveway] when the median is
constructed." See Contract, at Paragraph 413 (emphasis added). Then, as now, this
contractual obligation was necessary to ensure that Holiday's patrons are permitted to make
Minneapolis Denver Des Moines London Frankfurt
r
f
Mr. Thomas D. Burt
June 11, 2002
Page 2
"left and right turns in and out of the site." Id . at 4A. Because the Contract "runs with the
land," id . at 6G, Holiday obviously enjoys the Contract's legal benefit, and this obligation
remains binding on the City.
A Similar 1998 Dispute Led to the Outline of a Workable Solution
Subsequently, in February 1998, the City proposed certain street improvements at the
Intersection which were substantially similar to the Project. At that time, Holiday objected,
relying on its clear rights to unrestricted access conferred by the Contract. Although the
improvements were ultimately delayed, in this context the City and Holiday discussed (but
never consummated) a new agreement (the "Agreement "). Under the Agreement, and among
other terms:
➢ Holiday would agree to the rescission of the relevant portions of the Contract and
would agree to pay for any improvements that would eventually restrict Holiday's
access to Chippendale Avenue; but
➢ The City would agree to forego such improvements for ten years, or until such
time as traffic at the Intersection reaches or exceeds levels E or F.
Holiday Remains Willing to Discuss This Matter with the City
If the City finds that the eventual construction of the Project is in the City's interest, Holiday
remains willing to consider an agreement based on the fundamental terms of the Agreement
outlined above. In its present form however, Holiday respectfully objects to the Project and
will take all appropriate steps to prevent its implementation. Holiday can not permit the
Project to go forward in its present form because, if it did so, Holiday would suffer
significant direct and indirect damages. In short, if the City breaches the Contract, the
damages to Holiday, and the resultant costs to the City for the taking of Holiday's property
rights, would completely outweigh the value of the Project to the community.
Holiday hereby requests that this letter be brought promptly to the attention of the City
Council for its review and consideration as a part of the record for this Project.
Thank you for your attention to this matter, and feel free to contact me directly, at 612 -766-
8831, should you have any questions or comments.
Very truly yours,
Evan B. Rice
Cc: David Hoeschen
CITY OF ROSEMOU NT
Everything's Coming Up Rosemount!!
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651- 423 -4411
Hearing Impaired 651 - 423 -6219
Fax: 651 - 423 -5203
AFFIDAVIT OF POSTED and MAILED HEARING NOTICE
TO CONSIDER
A KENNEL LICENSE for
Gregg Bakker, 3418 131st Street West
STATE OF MINNESOTA)
COUNTY OF DAKOTA ) §
CITY OF ROSEMOUNT )
I, Linda Jentink, being duly sworn, deposes and says:
I am a United States citizen and the duly qualified Clerk of the City of Rosemount,
Minnesota.
On May 29, 2002, I posted at Rosemount City Hall, 2875 145 Street West, a copy of the
attached Notice of Public Hearing to consider an application for a kennel license by Gregg
Bakker at 3418 131st Street West, Rosemount, Minnesota. And, on May 30, 2002, I
deposited in the United States Post office of Rosemount, Minnesota copies of the attached
notice of public hearing regarding this matter, enclosed in sealed envelopes, with postage
thereon fully prepaid, addressed to the persons and addresses listed on the attached listing.
There is delivery service by the United States Mail between the place of mailing and the
places so addressed.
Dated this 6th day of June, 2002.
Linda Jentink, CitVClerk
City of Rosemount
Dakota County, Minnesota
ROSEMOUNT
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651- 423 -4411
Hearing Impaired 651- 423.6219
Fax: 651- 423 -5203
CITY OF ROSEMOUNT
NOTICE OF PUBLIC HEARING
Application for A Kennel License
NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will
conduct a public hearing on Tuesday, June 18, 2002, in the Council Chambers at City
Hall, 2875 145 Street West, Rosemount, Minnesota.
This public hearing is being held to consider an application for a Kennel License by
Gregg Bakker, 3418 131st Street West, Rosemount.
Comments will be taken from persons desiring to be heard with reference to the above
hearing item. Written comments will be accepted up to the time of the hearing and will be
included in the discussion at this hearing. Please forward all written comments and/or
inquiries to the City Clerk or call, 651- 322 -2003.
Dated this 29th of May, 2002.
Linda Jentink, My Clerk
City of Rosemount
Dakota County, Minnesota
Auxiliary aids and services are available - Please contact Linda Jentink at (651)322 -2003, or
TDD N. (651)423 -6219, no later than June 14, 2002 to make a request. Examples of auxiliary
aids or services may include: sign language interpreter, assistive listening kit, accessible
meeting location, etc.
The Rosemount Town Pages
AFFIDAVIT OF PUBLICATION
Chad Richardson, being duly sworn, on oath says that he is an authorized
agent and employee of the publisher of the newspaper, known as The
Rosemount Town Pages, and has full knowledge of the facts which are stat-
ed below:
(A) The newspaper has complied with all of the requirements constituting
qualification as a legal newspaper, as provided by Minnesota Statutes
331A.02, 331A. end ther applica e l as amended.
(B) The printed 'y C i 1c— ` \-
a f 0
which is attached, was cut from the column of s id newspaper, and was
printed and published once each week for successive �ce wa first published on Friday, the day of
, 2002 and was thereafter printed a published on every
Frid y, to an 'ncluding Friday, the — day of
2002; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition
and publication of the notice:
abcdefghijklniuopgrsmvwxyz ..
By:
Subscribed and sworn to before me on this day
of � 0 .2002. -
Notary 1 ublic� DAWN M SMITH
AFFIDAVIT NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2005
1 -
CITY OY ROSEMOUNT
NOTICE OF PiJBLIC
HEARING
Application for A
KenneFLicense -
N013CE,IS HEREBl GEV, that the City Cpuncil of
the pf Rosemount w[ltfconduct a public`hearini, on
7Uesday, June 18;.2 Its e:Council Chamllers
Eity
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Hhll °2875 145 St'7e(V s Ro .,, semount Minnesota.
This public hearing is being held to consider an applica ' '
netts will be taken from persons desiring tobeheard
reference to the above hearing item: Written -com-
s will be accepted up td.thd time of the hearing
Se included in the discussion at this - .bearing Pteise; -'
erd all written corns jqts agWor inquiries to the City
r pr call, 65 02Z!66'14"'.'
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d this 29th oE. 2007 ` " aa,s 'fir :,tea
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"City" of Rosemount
- w '` "L7ltkota County. Minnesota,a::i
nary aidsFand services are available - Please contact
kip accessible ..
MEMORANDUM
TO: Mayor Busho and Council Members
Administrator Burt
FROM: Gary Kalstabakken
Chief of Police
DATE: June 13, 2002
SUBJECT: Kennel Application — 3418 West 131s Street
Greg Bakker has applied for a kennel license at his residence. According to the
application, Bakker has seven dogs (Walkers) at his home. However, Bakker recently
licensed ten (10) dogs. When asked about this discrepancy, Bakker stated that one of his
dogs had a litter of pups. He is currently training the remaining pups from the litter and
will be selling two of the pups in the near future. Bakker will ultimately have eight dogs
at his residence.
Since January 1, 1999 there have been eleven (11) calls regarding the dogs at Bakker's.
There have been no reports of the dogs being at large in the neighborhood. All of these
calls have been received after May 18 of this year and only regarded noise complaints
because of barking. Bakker received citations for the barking on two dates, May 18 and
June 7. He appeared in court on June 12 for the May violation; he plead guilty and paid
a fine. A review of the calls at Bakker's this year showed the following:
■ The calls have been received on seven (7) different dates and times.
■ Four of the eleven calls were received in a 95- minute period on June 11
■ Two of the eleven calls were received in a 60- minute period on June 1st
Prior to May of this year, it appears that there were no calls concerning Bakker's dogs
since 1996. There were two barking complaints in 1996 and in 1993, and four in 1992.
An inspection of Bakker's property was conducted by a Community Service Officer to
examine the requirements for fencing and sanitation of the premises. The premises were
found to be properly maintained with animal. waste removed as needed for sanitation
purposes. Fencing consisted of a wood privacy fence separating the kennel area from the
front of Bakker's property. The back area is contained by a chain link fence. Within the
fenced area each dog is within its own individual kennel. Adequate shelter, food and
water were available for the dogs.
Bakker has attempted to curtail the barking of his dogs through the use of bark
eliminating collars and muzzles.
To whom it may concern,
This letter is to inform the people that I, Gregg Bakker, have talked to you about my
Kennel at 3418 131 ` Street West Rosemount MN and that you understand that I own 10
dogs, five Walker coonhounds and five Running Walker Coyote Hounds. I am not a
commercial Kennel nor do I want to be. I hunt with these dogs for my own use. I am not
looking to increase my kennel at all. I just want you to be aware of my kennel. I am
asking for your support, in that the kennel is not a bother to you, and you are aware of the
kennel.
Thank you,
GREGG BAKKER
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i
r,
To whom it may concern,
This letter is to inform the people that I, Gregg Bakker, have talked to you about my
Kennel at 3418 131 ` Street West Rosemount MN and that you understand that I own 10
dogs, five Walker coonhounds and five Running Walker Coyote Hounds. I am not a
commercial Kennel nor do I want to be. I hunt with these dogs for my own use. I am not
looking to increase my kennel at all. I just want you to be aware of my kennel. I am
asking for your support, in that the kennel is not a bother to you, and you are aware of the
kennel.
Thank you,
GREGG BAKKER
133)
To whom it may concern,
This letter is to inform the people that I, Gregg Bakker, have talked to you about my
Kennel at 3418 131 Street West Rosemount MN and that you understand that I own 10
dogs, five Walker coonhounds and five Running Walker Coyote Hounds. I am not a
commercial Kennel nor do I want to be. I hunt with these dogs for my own use. I am not
looking to increase my kennel at all. I just want you to be aware of my kennel. I am
asking for your support, in that the kennel is not a bother to you, and you are aware of the
kennel.
Thank you,
GREGG BAKKER
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130�9
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To whom it may concern,
This letter is to inform the people that I, Gregg Bakker, have talked to you about my
Kennel at 3418 131 " Street West Rosemount MN and that you understand that I own 10
dogs, five Walker coonhounds and five Running Walker Coyote Hounds. I am not a
commercial Kennel nor do I want to be. I hunt with these dogs for my own use. I am not
looking to increase my kennel at all. I just want you to be aware of my kennel. I am
asking for your support, in that the kennel is not a bother to you, and you are aware of the
kennel.
Thank you,
GREGG BAKKER
Jun 18 02 10:59a Engstrom 952 432 1308 p.2
13258 Creggs Circle
Rosemount, MN 55068
June 17, 2002
Rosemount City Council
Rosemount City Hall
2875 145th Street West
Rosemount, MN
55068 -4997
Dear Rosemount City Council,
I am writing in regards to Mr_ Gregg Bakker's application for a kennel license. I am very
much opposed to giving N1r. Bakker a license.
I was first aware of Mr. Bakker's barking dogs when we purchased our lot in the
kvermoor housing development, We would consistently hear his dogs barking at 6:00 in
the evening, the time we usually checked on the progress being made on the construction
of our new home. We assumed that it was feeding time for the dogs and that it would not
be an issue_
Unfortunately, we were wrong. Mr. Bakker's dogs bark at all tunes of the day and night.
This makes it very difficult for family members to nap during the day and /or fall asleep at
night. There have been many nights when it was I I :15 p. m. and those dogs are still
barking. On numerous occasions, we finally fall asleep, only to be awakened at 3:00 in
the morning by the dogs barking again.
I love dogs and would have no problem with Mr. Bakker having a dog kennel near my
neighborhood, if he would show common courtesy to those around him by keeping his
dogs quiet. I am convinced that this will not happen. The police have been called
numerous times to Mr. Bakker's residence because of the barking dogs. You would think
that one call by the police would be enough to quiet the dogs down for good but this has
not been the case. Numerous calls have been made, only to hear the dogs barking again
in the wee hours of the following night.
Please consider my desire to live in a peaceful neighborhood and turd down Mr. $akker's
application for a kennel license.
Thank you,
Erika Green
June 14 2002
Brian & DeAnn Green
13341 Cranford Circle
Rosemount, MN 55068
To Whom It May Concern:
We are writing to you regarding the application for a kennel license for Gregg Bakker,
3418 13 0 Street West in Rosemount.
We are firmly against the approval of this application. We have lived in the east side of
the Evermoor development (just west of Mr. Baker's home) since October 2001 and have
on numerous occasions had to call the police due to the amount of barking coming from
Mr. Bakker's dog kennel.
The barking from Mr. Bakker's dogs can be heard inside our home with all the windows
closed both during the day and at night. Now that we are into the summer months and
frequently sleep with our windows open, we have been awoken in the middle of the night
by the barking of his dogs.
Unfortunately we won't be able to be present the evening of the 18 of June for the
public hearing regarding this matter, but want to voice our opposition to this application
due to the history we have experienced with Mr. Bakker's kennel.
Please deny the application for his kennel license based on the numerous violations of the
community's noise ordinances.
Sincerely,
Brian & DeAnn Green
` 4eNn , t- 0
June,12, 2002
Petition for the Kennel License by Gregg Bakker at 3418 131 Street W.
Rosemount, MN.
We the residents at the following addresses completely object to the Kennel
License of the above named for several reasons.
• Mr. Bakker's dogs howl and bark EVERY night into the night with no
regards to others.
• Mr. Bakker will not answer the door when the Rosemount Police show
up to discuss with him the barking dog problem.
• This ongoing problem has led to two barking dog tickets, which had to
be mailed to Mr. Bakker within the last couple weeks.
• Despite warnings, Mr. Bakker has not brought his dogs in at night in
attempt to comply with the barking dog ordinance.
Name Address
9.
10
11
12
2.
7 o
I
3.
5.
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6.
9.
10
11
12
Continuation of petition.
Name
13.
14. ILA-
15. ��✓! 1 �.
16.
IT
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
Address
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