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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 �� 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"'.' , � d this 29th oE. 2007 ` " aa,s 'fir :,tea .. t' d1 � % i j '�L'iodalendnk, ds ,fir "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 X n 3 I �A p d 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 �z X OV 130�9 wo� (�si� '�2 -46� 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. F l."�.✓1 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 V3 o Coy" ck, C�v