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HomeMy WebLinkAbout6.a. Minutes of July 17, 2001 Regular City Council7 I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 17, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and Interim City Engineer Weiss. New employee Charlie O'Brien, Code Enforcement Official, was introduced to City Council. The meeting was opened with the Pledge of Allegiance. One item was added to the Consent Agenda, Item 6.0. Temporary On -Sale 3.2% Malt Liquor License for KVAMS. Public Comment Laxman S. Sundae, 2055 120` Street, presented a petition to Council with 88 signatures requesting that the street easement in the recommended action for Item 7.a. be deleted. The petition signatures were from neighbors to the Schlukebier /Altendorfer land purchase. Sundae did not believe that proper notice was given for the public hearing. Terry McMenomy, 6659 Falstaff Rd, Woodbury, is a part owner with his two sisters of an 80 acre parcel near Schlukebier's. McMenomy asked "where would a road be plausible on his land ?" The parcel has a lot of wetlands and would be land - locked if no road were provided for. Aina Wiklund, 12110 Bacardi Avenue, requested alternative ways to gain entrance. Wikend said this has caused life -long distress and taken her privacy away. Chris and Lynda Schlukebier, 4750 Arbor Drive, Eagan, who are was buying Joe Altendorfer's home, commented that the requested easement was a surprise at the last meeting and that this road would only be 20 feet away from his house which encroaches on his privacy. John McMenomy, 1283 135`" Street West, stated that the Altendorfer property was properly handled when comparing it with the Comprehensive Plan. The Plan states on page 116 that the road must fit the natural lay of the land. The land seems to be land - locked. Ed Weissenger, Marie Avenue, South St. Paul, is an attorney for the Altendorfer's. Altendorfers are not in favor of the easement request by the City. Terry McMenomy requested that a feasibility study be conducted in order to preserve the wetlands. McMenomy was concerned about his property being land - locked. Also the new landowners, Schlukebiers, have already done soil testing and determined where to place their house. There was no Response to Public Comment. ROSEMOUNT CITY PROCEEDINGS k REGULAR MEETING JULY 17, 2001 Proposed TH 52/117 1h Street Interchange Construction and United Pacific Rail Grade Separation Municipal Layout Interim City Engineer Bret Weiss introduced the engineers from Minnesota Department of Transportation, Ron Rauchle and Sue Kline. Rauchle gave a presentation of the proposed layout and changes to TH 55 and affected streets and rail lines. A State report from 1993 indicated that a grade separation interchange would improve the traffic and safety. The rail crossing just north of 117 Street will have a grade -over the top of the railroad and reconstruct the railroad line underneath TH 52. Most of the right - in/right -out accesses will be closed. The rail switch on the north side of Koch Refining will need to be moved to the south side of their property. Also, major utilities. will have to be moved to allow the interchange. The project will start in 2002 and be completed in the fall of 2003. The funding will be from the State of Minnesota and the various utility companies. The State will purchase any easement or property needed. Interim City Engineer Weiss is working with MnDOT to coordinate the improvements, especially near 140 Street and County Road 42. The East Side Watermain Project will not be affected by this project as the water lines were buried deep enough to avoid any relocation under TH 52. Mayor Busho emphasized the need for cross -arms at the railroad crossings and Weiss responded that MnDOT and the railroad will qualify criteria for safety. City Planner Pearson noted a public meeting on this study for 52/55 Highway Realignment at CR 42 . This meeting will be held at the Pleasant Hills Library in Hastings on August 2, 2001 between 4 p.m. and 7 p.m. MOTION by Klassen to adopt A RESOLUTION APPROVING THE LAYOUT FOR THE TH 52 /117 STREET INTERCHANGE AND THE UNITED PACIFIC RAIL GRADE SEPARATION. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. Consent Agenda MOTION by Klassen to approve the Consent Agenda with the addition of Item 6.o. Temporary On- Sale 3.2% Malt Liquor License for KVAMS. Second by Cisewski. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of July 2, 2001 Regular City Council b. Bills Listing C. Donation Account Expenditure - Administration d. Leprechaun Days Service Agreement & Authorization For Closings e. Set Public Hearing for Cub Foods Off -Sale 3.2% Malt Liquor License f. Receive Letter Appealing of Board of Appeals Decision for Bay & Bay Transfer Variance for Sign g. Authorize Plans & Spec's /Authorize Ad for Bids Evermoor 6 th & 7 th Street &Utility Improvements, City Project 336 h. Approve Plans & Spec's for Evermoor 8 th Street & Utility Improvements, City Project 337 i. Authorize Plans & Spec's- Marcotte Pond Lift Station, City Project 338 j. Set Public Hearing for Bloomfield Addition Easement Vacation k. Set Special Meeting for Budget Workshop 0 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 1. City Hall Remodeling — Electronics and Cabling M. Resignation of Employee n. Appoint Police Officer o. Temporary On -Sale 3.2% Malt Liquor License for KVAMS Schlukebier Addition Rezoning and Administrative Plat City Planner Pearson presented the request of Chris & Lynda Schlukebier for rezoning from Agriculture to Rural Residential land use. The two lots formed need access to Bacardi Avenue causing the Planning Commission to recommend an easement to be platted for streets and utilities. A variance process was followed due to hardship caused by the multiple wetlands. The variance required notice to neighbors within 350 feet and this was extended to one quarter of a mile - around the property. The City Attorney stated that the subdivision extraction would not be an unconstitutional taking. Pearson noted that requiring a feasibility study prior to a development request would be unusual. Interim City Engineer Weiss noted that a Transportation Study is planned for in 2003 which will identify major corridors, wetlands and topography information that will be helpful when platting roads. City Planner Pearson emphasized that this easement may never have to be used as a public street. If future development occurs in such a way that the easement is not used, it could be vacated with a request from the owners. Mayor Busho requested that item 4. on the resolution include utilities, not only street easement. Council consensus agreed. MOTION by Riley to adopt AN ORDINANCE REZONING THE 13.77 ACRES TO RURAL RESIDENTIAL in conformance with the Comprehensive Plan. Second by Klassen. Ayes: Riley Klassen, Cisewski, Busho. Nays: None. Motion carried. MOTION by Riley to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR SCLUKEBIER ADDITION with the addition of the words "and utilities" following "street" in item 4. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Application to Livable Communities Grant Program Community Development Director Parsons presented the resolution authorizing an application for an Opportunity Grant through the Livable Communities Demonstration Program. This grant would be used for the downtown re- development plan in the amount of $30,000 matching funds. If the planning process would change and the funds could not be used, then the City would not be obligated to proceed. MOTION by Cisewski to authorize an application for an Opportunity Grant through the Livable C ROSEMOUNT CITY PROCEEDINGS k REGULAR MEETING JULY 17, 2001 Communities Demonstration Program through the presented resolution. Second by Riley. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. Announcements Mayor Busho noted the public meeting for the TH 52/55 Highway Realignment on August 2 "d in Hastings at the Pleasant Hills Library. Evermoor's grand opening will be August 2 A special meeting is set to review the budget on July 31 at 6:30 p.m. Leprechaun Days Celebration will begin July 20 through the 29 A float will be available for City Council and they are invited to participate in the parade on Saturday July 28 starting at noon with line -up number 8.. Mayor Busho adjourned the meeting at 9:15 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -26. L, I Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 17, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and Interim City Engineer Weiss. New employee Charlie O'Brien, Code Enforcement Official, was introduced to City Council. The meeting was opened with the Pledge of Allegiance. One item was added to the Consent Agenda, Item 6.0. Temporary On -Sale 3.2% Malt Liquor License for KVAMS. Public Comment Laxman S. Sundae, 2055 120` Street, presented a petition to Council with 88 signatures requesting that the street easement in the recommended action for Item 7.a. be deleted. The petition signatures were from neighbors to the Schlukebier /Altendorfer land purchase. Sundae did not believe that proper notice was given for the public hearing. Terry McMenomy, 6659 Falstaff Rd, Woodbury, is a part owner with his two sisters of an 80 acre parcel near Schlekebier's. McMenomy asked "where would a road be plausible on his land ?" The parcel has a lot of wetlands and would be land - locked if no road were provided for. McMenomy also said that the City should have to pay for the easement land. Aina Wiklund, 12110 Bacardi Avenue, requested alternative ways to gain entrance. Wikend said this has caused life -long distress and taken her privacy away. Chris and Lynda Schlukebier, 4750 Arbor Drive, Eagan, was buying Joe Altendorfer's home, commented that the requested easement was a surprise at the last meeting and that this road would only be 20 feet away from his house which encroaches on his privacy. Chris Schlukebier stated that there was no public hearing for the easement request. John McMenomy, 1283. 135`' Street West, stated that the Altendorfer property was properly handled when comparing it with the Comprehensive Plan. The Plan states on page 116 that the road must fit the natural lay of the land. The land is land- locked now so there is no available use for it now. Ed Weissenger, Marie Avenue, South St. Paul, is an attorney for the Altendorfer's. Altendorfers are not in favor of the easement request by the City. Terry McMenomy requested that a feasibility study be conducted in order to preserve the wetlands. McMenomy was concerned about his property being land- locked. Also the new landowners, Schlukebiers, have already done soil testing and determined where to place their house. It is unfair to now request this easement so near their house site. McMenomy noted neighbors do not want the ,. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was duly held on Tuesday, July 17, 2001, at 7:30 p.m. at the Rosemount Community Center at 13885 South Robert Trail, in the Banquet Room. Mayor Busho called the meeting to order with Council Members Klassen, Cisewski, and Riley. Also in attendance were City Administrator Burt, City Attorney LeFevere, Community Development Director Parsons, City Planner Pearson, Police Chief Kalstabakken, Parks & Recreation Director Schultz, and Interim City Engineer Weiss. New employee Charlie O'Brien, Code Enforcement Official, was introduced to City Council. The meeting was opened with the Pledge of Allegiance. One item was added to the Consent Agenda, Item 6.0. Temporary On -Sale 3.2% Malt Liquor License for KVAMS. Public Comment Laxman S. Sundae, 2055 120` Street, presented a petition to Council with 88 signatures requesting that the street easement in the recommended action for Item 7.a. be deleted. The petition signatures were from neighbors to the Schlukebier /Altendorfer land purchase. Sundae did not believe that proper notice was given for the public hearing. Terry McMenomy, 6659 Falstaff Rd, Woodbury, is a part owner with his two sisters of an 80 acre parcel near Schlekebier's. McMenomy asked "where would a road be plausible on his land ?" The parcel has a lot of wetlands and would be land - locked if no road were provided for. McMenomy also said that the City should have to pay for the easement land. Aina Wiklund, 12110 Bacardi Avenue, requested alternative ways to gain entrance. Wikend said this has caused life -long distress and taken her privacy away. Chris and Lynda Schlukebier, 4750 Arbor Drive, Eagan, was buying Joe Altendorfer's home, commented that the requested easement was a surprise at the last meeting and that this road would only be 20 feet away from his house which encroaches on his privacy. Chris Schlukebier stated that there was no public hearing for the easement request. John McMenomy, 1283. 135`' Street West, stated that the Altendorfer property was properly handled when comparing it with the Comprehensive Plan. The Plan states on page 116 that the road must fit the natural lay of the land. The land is land- locked now so there is no available use for it now. Ed Weissenger, Marie Avenue, South St. Paul, is an attorney for the Altendorfer's. Altendorfers are not in favor of the easement request by the City. Terry McMenomy requested that a feasibility study be conducted in order to preserve the wetlands. McMenomy was concerned about his property being land- locked. Also the new landowners, Schlukebiers, have already done soil testing and determined where to place their house. It is unfair to now request this easement so near their house site. McMenomy noted neighbors do not want the r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 added traffic and he is opposed to the staff recommendations. There was no Response to Public Comment. Proposed TH 52/117 Street Interchange Construction and United Pacific Rail Grade Separation Municipal Layout Interim City Engineer Bret Weiss introduced the engineers from Minnesota Department of Transportation, Ron Rauchle and Sue Kline. Rauchle gave a presentation of the proposed layout and changes to TH 55 and affected streets and rail lines. A State report from 1993 indicated that a grade separation interchange would improve the traffic and safety. The rail crossing just north of 117`" Street will have a grade -over the top of the railroad and reconstruct the railroad line underneath TH 52. Most of the right - in/right -out accesses will be closed. The rail switch on the north side of Koch Refining will need to be moved to the south side of their property. Also, major utilities will have to be moved to allow the interchange. The project will start in 2002 and be completed in the fall of 2003. The funding will be from the State of Minnesota and the various utility companies. The State will purchase any easement or property needed. Interim City Engineer Weiss is working with MnDOT to coordinate the improvements, especially near 140 Street and County Road 42. The East Side Watermain Project will not be affected by this project as the water lines were buried deep enough to avoid any relocation under TH 52. Mayor Busho emphasized the need for cross -arms at the railroad crossings and Weiss responded that MnDOT and the railroad will qualify criteria for safety. City Planner Pearson noted a public meeting on this study for 52/55 Highway Realignment at CR 42 . This meeting will be held at the Pleasant Hills Library in Hastings on August 2, 2001 between 4 p.m. and 7 p.m. MOTION by Klassen to adopt A RESOLUTION APPROVING THE LAYOUT FOR THE TH 52/117 1h STREET INTERCHANGE AND THE UNITED PACIFIC RAIL GRADE SEPARATION. Second by Cisewski. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. Consent Agenda MOTION by Klassen to approve the Consent Agenda with the addition of Item 6.o. Temporary On- Sale 3.2% Malt Liquor License for KVAMS. Second by Cisewski. Ayes: Busho, Riley, Klassen, Cisewski. Nays: None. Motion carried. a. Minutes of July 2, 2001 Regular City Council b. Bills Listing C. Donation Account Expenditure — Administration d. Leprechaun Days Service Agreement & Authorization For Closings e. Set Public Hearing for Cub Foods Off -Sale 3.2% Malt Liquor License f. Receive Letter Appealing of Board of Appeals Decision for Bay & Bay Transfer Variance for Sign g. Authorize Plans & Spec's /Authorize Ad for Bids Evermoor 6 th & 7 th Street & Utility Improvements, City Project 336 2 I ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 h. Approve Plans & Spec's for Evermoor 8 Street & Utility Improvements, City Project 337 i. Authorize Plans & Spec's- Marcotte Pond Lift Station, City Project 338 j. Set Public Hearing for Bloomfield Addition Easement Vacation k. Set Special Meeting for Budget Workshop 1. City Hall Remodeling - Electronics and Cabling m. Resignation of Employee n. Appoint Police Officer o. Temporary On -Sale 3.2% Malt Liquor License for KVAMS Schlukebier Addition Rezoning and Administrative Plat City Planner Pearson presented the request of Chris & Lynda Schlukebier for rezoning from Agriculture to Rural Residential land use. The two lots formed need access to Bacardi Avenue causing the Planning Commission to recommend an easement to be platted for streets and utilities. A variance process was followed due to hardship caused by the multiple wetlands. The variance required notice to neighbors within 350 feet and this was extended to one quarter of a mile- around the property. The City Attorney stated that the subdivision extraction would not be an unconstitutional taking. Pearson noted that requiring a feasibility study prior to a development request would be unusual. Interim City Engineer Weiss noted that a Transportation Study is planned for in 2003 which will identify major corridors, wetlands and typography information that will be helpful when platting roads. City Planner Pearson emphasized that this easement may never have to be used as a public street. If future development occurs in such a way that the easement is not used, it could be vacated with a request from the owners. Mayor Busho requested that item 4. on the resolution include utilities, not only street easement. Council consensus agreed. MOTION by Riley to adopt AN ORDINANCE REZONING THE 13.77 ACRES TO RURAL RESIDENTIAL in conformance with the Comprehensive Plan. Second by Klassen. Ayes: Riley Klassen, Cisewski, Busho. Nays: None. MOTION by Riley to adopt A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR SCLUKEBIER ADDITION with the addition of the words "and utilities" following "street" in item 4. Second by Cisewski. Ayes: Klassen, Cisewski, Busho, Riley. Nays: None. Motion carried. Application to Livable Communities Grant Program Community Development Director Parsons presented the resolution authorizing an application for an Opportunity Grant through the Livable Communities Demonstration Program. This grant would be used for the downtown re- development plan in the amount of $30,000 matching funds. If the 3 l ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 17, 2001 planning process would change and the funds could not be used, then the City would not be obligated to proceed. MOTION by Cisewski to authorize an application for an Opportunity Grant through the Livable Communities Demonstration Program through the presented resolution. Second by Riley. Ayes: Cisewski, Busho, Riley, Klassen. Nays: None. Motion carried. Announcements Mayor Busho noted the public meeting for the TH 52/55 Highway Realignment on August 2 "d in Hastings at the Pleasant Hills Library. Evermoor's grand opening will be August 2 "d or 3` A special meeting is set to review the budget on July 31 at 6:30 p.m. Leprechaun Days Celebration will begin July 20' through the 29 A float will be available for City Council and they are invited to participate on Saturday July 28 starting a noon, line -up number 8. Mayor Busho adjourned the meeting at 9:15 p.m. Respectfully submitted, Linda Jentink, City Clerk The City Council Agenda Packet is Clerk's File 2001 -26. 4