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HomeMy WebLinkAbout7.a. LeForet Entrance Monument , CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACT.ION , CITY COUNGIL MEETING DATE: July 15, 1997 ', AGENDA ITEM: LeForet Entrance Monuments AGENDA SECTION: Old Business PREPARED BY: Bud Osmundson AGENDA NO�� � � � City Engineer/Public Works Director =� z ATTACHMENTS: City Attorney Letter, Sample Letter, City APPROVED BY: Council Meetin Minutes Letters to Residents Attached is some additional information regarding the LeForet Entrance Monument that was damaged by City snowplow operations last fall and that was discussed at the June 17, 1997 City Council meeting. The City Attorney and Administrator wiil present this item to the Council for discussion. The fourth paragraph of the City Attorney's letter describes three options the Council has in taking action regarding the monuments. The first option is that the City could demolish and remove the monument and/or monuments as they are within the City right-of-way and no one has claimed ownership. This may create hard feeiings for the residents within the subdivision. This option is available now or in the future. If the Council accepts ownership of these monuments, the City "could incur liability in the event of an injury resulting from the monument due to the proximity of the road (as a traffic hazard) or for injury to, for example, children playing on the structure." In addition, the City should place these items on the list of , City assets and insure them. This would add approximately 5100 per year to the City s insurance bill. As we have previously stated, the estimated cost to repair the damaged monument will be approximately 52,500 - 53,500 at a minimum. It is clear that the homeowners have the responsibility to maintain the monuments. However, if major maintenance is required on the structures, such as tuck pointing or major reconstruction, the City does not have the ability to enforce these costs onto the residents of the subdivision and the general taxpayers may have to pay for those costs. Staff realizes the consequences of each of the options available to the Council. However this is a major policy decision and Staff can only advise Council as to the consequences of each option. My only recommendation is that if the monument is rebuilt that an additional curb be constructed on the street side of the monument which will provide some protection to the monument. RECOMMENDED ACTION: COUNCIL ACTION: 1 =+i0 Pillsbarti�Ccnter ' � ?UO Souch Six�h Streec Minneapolis YtN�5402 • (612)337-9300 celephone , (612) 337-9310 tax e-mail:atcysC�kenned,v-�raven.wm CHARTERED CHARt.Fti I,. LI:FF•VERE Attomey at I.aw thnx.y thal i�+12)?�7-9215 July 2, 1997 Bu� �Js�nands��:: City Engineer City of Rosemount 2875 145th Street West P. O. Box 5 i t) Rosemount, MN 5506K-O51t) RE: LeForet Entrance Monument � ' - Dear Bud: ' � � � ' � - - _ . : . - , •- � , �.: _ I have reviewed the Declaration of Covenants�for the LeForet Additiort and a letter dated June 24, 1997 from 1Vtr.`Jam�s Sample on behalf of the LeForet Neighborhooc� Association, and offer the following comments on the City's options and obligations. The letter from Mr. Sample states that neither the Assaciation nor it�s individual membcrs has any desire to have any legal or proprietary ownership of the titructure, and asserts that the original owner of the subdivision stated that the structures were turned over to the City. The insurance imQlications of this assertion are that: (1) no one will claim ownership of the structure, and therefore the City's liability policy, which might provide coverage for damage to the property of another individual caused by the acts of a City employee, would not provide coverage in this case since no one's property has been damaged except property owned by the City, and (2) if the property belongs to the City, there is no property casualty insurance coverage to assist in the reconstruction of the monument because, at least according to the LMCIT, the City has not secured insurance for these structures. Since neither the Association nor its members claim the improvemen�ti as their property, the City may do with the manument a� che Council sees fit. That is, the Council c;ould demolish and remove the monument, ieave it as it is, or repair it. If the Council acc:epts that the City has ownership of the improvemen�1, the City coul�+ incur liability in the event of an injury retiulting from the monument due to ;he proximity of the road (as a traffic hazard) or for injury to, for example, children playing on the s�ucture. However, 1 do not know whether there is anything �-c.�.t",-r�,� R'�I�,_,� Bud Osmundson July 2, 1997 Page 2 about the location or design of these improvemen�s which would expose the City to any unusual likelihood of liability. Apart from the cost of repair of the monument and the potential for liability, there is the issue of the cost of ongoing maintenance for the improvements. The properties in the LeForet Addition are subjec;t to a declaration of covenants which states that "all building plot owners will be responsible for the maintenance of the guard house and entrance gates." If the owners of property in the Addition fulfill this obligation, the City would not have any cos�ti for ongoing main�ena:�ce. Hcwev�r, this covenant :s enfoneable by owners of lotti in the subdivi�ion or by the Barth Development Corporation (the original owner) against each other; it is not enforceable by the City. If you have any further questions about any of these issues, piease give me a call. Very truly yours, C� w�� Charles L. LeFevere CLL/cmm r•LL1.:�7n7 RSG t',_4 . . CiTY OF ROSEMOUNT za�5-`;TMthAeetWest Rosemount,MN Everything's Coming Up Rosemount!! 55068•4997 Phone:6l2•423•4411 Hearing impaired 423•6219 — \ Fax:612-423-5203 �Q June 27, 1997 ,��-`� k'�' ��� �� �,� Homeowners in LeForet Addition �� Re: Entrance Monument Dear Homeowners: I received a copy of Mr. Sample's letter to Mayor Busho today, Friday the 27th. A copy of it is attached. I've also attached a copy of a memo from myself to the Council regarding the ownership of the monument. It includes minutes of Council meetings through the year of 1978 that had to do with the LeForet Addition approvaL Since we did not have the letter until Friday there will not be anything on the City Council meeting agenda of July 1, 1997 regarding this issue. I will be contacting you next week to set up a neighborhood meeting with yourselves and the City Attorney so that hopefully we can resolve this issue in a manner that is satisfactory to all parties. Thank you for your cooperation in these matters and please call me at 322-2022 if you have any further quesfiions. Sincerel , I ��� �� �— � Bud Osmundson, P.E. �I City Engineer/Public Works Director I, cc: Mayor Busho ' Council Members: Anderson ' Carroll Edwards Wippermann Tom Burt, City Administrator ' Charlie LeFevere, City Attorney �Iames A. Sam le 4450 138th Court�est R.osemount, MN 55068 June 24, 1997 Cathy Busho Mayor City of Rosemount 2875 145th Street West Rosemount, MN 5�068-4997 Dear Mayor Busho: Speaking for the residents of Le Foret, please accept our thanks for scheduling the enirance monument issue ai tne receni ic.osemounL i,iiy �ouncii meeiing. Issues have a way of uniting people, and we residents of Le Foret are no exception. In the nearly 13 years that I have lived at this location, I have never been to a neighborhood meeting, and I have known only the names of the neighbors immediately adjacent to my property. Since the entrance monument issue be;an, we have had two neighborhood meetings, and we've met nearly everyone. We suddenly have discovered who lives in the rest of the neighborhood. .... And we have organized the Le Foret Neighborhood Association! The sole purpose of this association is to maintain the entrance to our neighborhaod. I have been elected president. Relative to the entrance monument issue, our association has instructed me to report that neither it nor the residents who make up the assaciation desire to have any legal or proprietary ownership of the structure, mdividually or as a group. The structure in its entirety was present when each homeowner either built or bought their residence, and it has been a recognized landmark since about 1978. One resident was told by their Realtor �hat the City of Rosemaunt had responsibility for structural maintenance of the entrance. Each association member is willing to share an obligation to maintain the entrance and preserve the site according to the limitations of our respective abstracts. To that end the Le Foret Neighborhood Association will solicit funds from resident members for horticultural plantings, paint, shingles, and ciecorative graveUstone, as well as maintenance of e:cisting vegetation. Based on our most recent association meeting on Sunday, June 22, only one resident, Devon and Marianne Norder, has been contacted by Mr. Osmundson. The entrance is still in a state of ruin; no clean up has been done. Contrary to what Mr. Osmundson reported at the City Council meeting, there is a lining of concrete block inside the destroyed monument. There is also a foundation of concrete block. Whether it sits on a footing is unknown; however, it has not shifted much since 1978 -- until the snow plow destroyed it. No resident can recall any one or any thing not being able to negotiate on either the north or the south entrance to Le Foret. We believe that the City of Rosemount does own the structure. Proof of this are the street lights at the entrance to Le Foret which are maintained by Dakota Electric. The city has paid the electric bill for these lights and considers them street lights. In this respect, they are no different than street lights on any other street or � _ -- -- addition in Rosemount. Be�ause they are the only street Iights in Le Foret -- even though we believe we are entitled to more -- they are part of the services provided by the City of Rosemount. Certainly the City of Rosemount wouldn't pay the electric bill on lights they don't own. Those lights are located in the utility easement, the same utility easement in which the entrance monuments are located. In fact, they are located on top of the entrance monuments. Should the City of Rosemount elect to raze the entrance, association members are ada.nnant that this action will have an adverse effect on individual property values. As voters and taxpayers of considerable taxes, this would cause a lot of hard feelings. Last Friday, I contacted the builder of Le Foret to see if he could shed light on ownership of the entrance. Duane Barth, Barth Construction, told me that the entrance house and adjacent monuments were the first items constructed at Le r oret in Ly"i � or ly l ti. tie said they were �ouiit even prior to the road being built. He acknowledged, unaided, that the monuments were built purposely on the utility rights-of-way. He said that because the vehicle opening at the entrance was wider than further east on 138th Court W, he constructed the entsance structure so it I would be part of the overall approach. He said that back then there was some with ates at the ard consideration 'ven to makin the road a private road g � � g house. That idea was later scrubbed. When asked who owned the entire entrance a'd that it and the road were turned over to the Cit of Rosemount at structure, he s i Y the same time. Mr. Barth told me that the stone at the entrance has a bit of history attached to it. It is cobblestone from a city street in Minneapolis. He said that it was unlikely that more stone is availabie. One of the residents of Le Foret, Steve Schmitt, has a small cashe which he is willing to sell to the contractor who repairs the monument. During our association meeting, we discussed whether the City of Rosemount should remove the damaged stone from the site. Everyone concluded that we wanted the site cleaned up but that the cobblestone should not be removed. Several homeowners indicated that the stone could be stored temporarily on their property. Thank you, again, for your interest in the entrance to Le Foret. Perhaps at another meeting of the Le Foret Neighborhood Association you can be our guest and enjoy some of our hospitality. Sincerely, � �J �''►/U`c' � �"j.-V h`� � ��. James A. Sample President Le Foret Neighborhood Association JAS/mb L - - _ _ ------ - --- --- - J 3; MEMO TO: MAYOR BUSHO C�OUNCiL MEMBERS: ANDERSON CARROLL EDWARDS WIPPERMANN FROM: BUD OSMUNDSON, CITY ENGINEER/PUBUC WORKS DIRECTOR DATE: JUNE 26, 1997 RE: LeFORET ENTRANCE MONUMENT Charlie LeFevere and myself have had discussions with Devon Norder, who is the owner of the underiying property af the monument that was damaged by the City snowplow. We requested Mr. Norder to look into claiming ownership of the monument and advised him to discuss the situation with his homeowners insurance agent and legal counsel if necessary. He did spend some time with Mr. LeFevere on the phone inquiring about his options. Since that discussion, we are awaiting a letter from a newly formed LeForet homeowners association regarding the ownership and maintenance of the subdivision monuments. Mr. Jim Sample, who previously had written letters to the City Council, is the proposed president of the Association and will be sending the letter to the City soon. Since the Council meeting on June 17, 1997 I did some more investigation of any happenings with the LeForet Addition in the City Council minutes books. Attached is a "LeForet Time Line" and copies of the pages of minutes that have discussions regarding the LeForet subdivision. The City Council discussed the construction of the entrance monuments in August of 1978, but the conclusions and direction reached were somewhat ambiguous. Later in the year they did approve snowplowing of the subdivision by the City Maintenance Staff. Staff has also investigated the approxirnate cost to the City if the City were to insure the entrance monuments in the LeForet Subdivision. At the present time the cost would be approximately 5100.00 per year to insure these structures. At the p�esent time the City Attomey and I are waiting for the letter from the homeowner's association and will not bring this issue back to the City Council until we have the proposal from the homeowner's association. ; LeFORET TIME L1NE ' QATE ITEM ' January 10, 1978 Preliminary Plat & Rezoning Approved by City Council II June 6, 1978 Private Utility Permits, Strest Lights and Signs Approved by City Councii August 1, 1978 City Council Directed Buiiding Inspector & Maintenance Supervisor to Investigate Construction of Building in R.O.W. August 15, 1978 City Council Discussed Building, Homeowners Covenants Regarding Maintenance November 21, 1978 Developer Verbally Requested Snowplowing of Subdivision December 5, 1978 City Council Approved Snowplowing of Subdivision , ROSEMOUNT CITY PROCEEDINGS �� � ' , � Regular Council Meeting January 3, 1978 Councilman Ratzlaff reported on the Metropolitan Waste Contzol Advisory Commission meeting he attended on December Z1, 1977. MOTION by Knutson to adjourn. Second by Stauffer. There being no further business to come before this Council and upon unanimous decision this meeting was adjourned at 10:17 p.m. Respectfully submitted, i 7 � � /��?�� .V G G C1LL-C..�. �L�G(.l � Faye Wollan Council Secretary ATTEST: � . on F. Darling Clerk Treasurer �+ 7�' �Grp/GzJ Printed this v� day of 1978. Dakota County Tribune. _ �/ ROSEMOUNT CITY PROCEEDINGS Special Council Meeting _ January 10, 1978 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City :of Rosemount was 'duly held January 10, 19?8 at 7:30 p.m. in the Council Chambers of the City Hall. The meeting was called to order by Mayor Knutson with all members present. Mayor Knutson 1ed the group in the Pledge of A1legiance. Mayor Knutson described the purpose of this meeting was to hold a Public Hearing on the preliminary plat called Heritage Trails, to hold a Public Hearing on the proposed rezoning of the area to be known as Heritage Trails and to conduct an informaL discussion with Senator Conrad Vega. The Public Hearing on the preliminary plat for Heritage Trails was called to order by Mayor Knutson. The Clerk had in his presence the Affidavit of Publication required by law. See Clerk's File 1978-17. Mr. Bill Dolan was present to present the plans and platting infor- mation. Mr. Dolan informed the Council that it was the desire of - ��� ROSEMOUNT CITY PROCEEDINGS Special Council Meeting January 10, 1978 the developer to change the name of this plat from Heritage TraiLs to _ Leforet. Discussion followed with review of the proposed pLat, topography maQs and engineers drawings. MOTION by Knutson to grant preliminary plat approvaL to Leforet as presented. Second by Ratzlaff. Ayes Walsh, Stauffer, Knutson, RatzLaf f, Jensen. Nays 0. � MOTION by Ratalaff to close the Public Hearing. Second by Stauffer. Ayes Stauffer, Knutson, Ra tzlaff, Jensen, Walsh. Nays 0. Mayor Knutson called the Public Hearing on the proposed re2oning of the plat to be known as Leforet to order at 7:55 p.m. The C1erk had in his presence the Affidavit of Publication and the Affidavit of �failing Hear=ng Notice to affected property owners for the Leforet addition. See Clerk's File 1978-18. There was no one present in opposition to the rezoning on this prelim- inary pLat. MOTION by Jensen to adopt Ordinance XVII.24, AN ORDINANCE AME:�IDING THE ZONING ORDINANCE �10. XVII.3 (The rezoning of the area proposed as Leforet from Agricultural to R-1 Sin�1e Family Residential). Secoad by Knutson. A es Knutson Ratzlaff, Jensen, Walsh, Stauffer. Nays 0. Y � MOTIOK by Knutson to close the Public Hearing on the rezoning of the area to be called Leforet. Second by Stauffer. Ayes Ratzlaff, Jensen, Walsh, Stauffer, Knutson. Nays 0. At this time Senator Conrad Vega was in attendance with discussion following regarding upcoming legislation and problems facing the City of Rosemount and its neighbors as we11 as Dakota County. Items of most concern were sludge disposal and hazardous waste disposal. , There being no further business to come before this Council, Mayor Knutson ', declared this Special Meeting adjourned at 8:50 p.m. ' Respectfully submitted, I � ' Don F. Darling � Clerk Treasurer Printed this � day o� ,��� 1978. Dakota County Tribune. � ROSEMOUNT CITY PROCEEDINGS Regular Council Meeting January 17, 1978 Pursuant to due ca11 and notice thereof the Regular Meeting of tre City Council of the City of Rosemount was duly heLd January 17, 1978 at 7:30 p.m. in the Council Chambers of the City Ha11. . c•-; A . ��'� . ROSEMOUNT CITY PROCEEDINGS Regular Council Meeting: June 6, 1978 agreement with the Church for use of the parking lot for CamfieLd Park users. _ See Clerk's Fi1e 1978-130. MOTION by Ratzlaff to authorize the attorney to draw up a licensed park agreement with the Rosemount Methodist Church for a fee of $2,50�, length I of agreement ten years, with a buy back provision in favor of the Methodist I Church and that this agreement specifically state that the Church wi11 black ' top the south access road and that the Church wi11 install said barriers , along the green areas. Second by Knutson. Ayes Walsh, Stauffer, Knutson, Ratzlaff. Nays Jensen. Ayes 4. Nays 1. The Park and Recreation Director presented the Committee's recommendations for park names for the 56 acre park, outlot A in Bzoback's Tenth Addition, the pond located on 130th and outlots A in Broback's Eighth and 'I�welfth Additions. See Clerk's Fi1e 1978-131. MOTION by Knutson that the names submitted by the Park and Recreation Committee be returned to them for further discussion. Second by Stauffer. Ayes Stauffer, Knutson, Ratzlaff, Jensen, Walsh. Nays 0. MOTION by Jensen to approve the purchase of playground equipment for Dallara Park in the amount of $2670.08 as recommended by the Director of Parks and Recreation. Second by Wa1sh. Ayes Knutson, Ratzlaff, Jensen, WaLsh, Stauffer. Nays 0. See Clerk's Fi1e 1978-132. The Sign Ordinance approval was tabled until the PLanning Commission has had a chance to review it. Councilman Ratzlaff sugoested that if the position for a fu11-time police officer is not filled in 60 days, that the part-time temporary officer be considered for a salary increase. Brian Christensen, District Coordinator for the Dakota Soil and Water Con- servation District, presented a plan of action to control erosion problems in the 56 acre park. MOTION by Knutson to authorize the City Engineer to proceed with the design of structures necessary to fulfill the requirements of the Soil and Water Conservation District plans and that the Engineer be authorized to work with them to obtain the bid costs on the project. Second by Jensen. Ayes Ratzlaff, Jensen, Wa1sh, Stauffer, Knutson. Nays 0. The Superintendent of Streets and Utilities presented his recommendations for underground electric and telephone cable permits, street lights and street signs in the Le Foret Addition. Some discussion followed. MOTION by Jensen that the City assume responsibility of one street light only at the intersection of 138th Court and County Road 33 with aI1 other interior Lights in the addition to be paid for by the developer. Second by Ratzlaff. Ayes Jensen, Wa1sh, Stauffer, Knutson, RatzlafE. Nays 0. MOTION by Ratzlaff to approve the underground cable and telephone permits ROSEMOUNT CITY PROCEEDINGS �; �l , . Regular Council Meeting June 6, 1978 �_-^ : through Dakota Electric and Central TeLephone on the Le Foret Addition and also the street signs as proposed on the map submitted by the Superintendent of Streets and Utilities. Second by Jensen. Ayes Walsh, Stauffer, Knutson, Ratzlaff, Jensen. Nays 0. See C1erk's File 1978-133. The Mayor stated that, according to the Forestry Department report, two tree injectors have resigned from the staff. After reviewing some applicants, the Forester has recommended two people to fi11 the positions. MOTION by Knutson that the Council employ Sherry Beck and Tony Weinhaus as tree injectors for the remainder of the contract season. Second by Stauffer. Ayes Stauffer, Itnutson, Ratzlaff, Jensen, Walsh. Nays 0. A request from Koch Refinery regarding a contract agreement between the City of Rosemount and Koch Refinery to have 82 trees treated by the Forestry Department was discussed. See Clerk's File 1978-134. MOTION by Jensen that the Council allow the Forester to inject the trees that Koch Refinery has requested at a price of $2100 and that the City of Rosemount costs should not exceed the $2100 that they have agreed to pay. Second by Stauffer. Ayes Knutson, Jensen, Stauffer. Nays Ratzlaff, Walsh. Ayes 3. Nays 2. Some discussion was held between the Council and Don Carroll regarding problems Mr. Carroll is having with street elevations in the Carrollton Addition. It was decided to have the City Engineer meet with Mr. Carroll's engineer to try to resolve the problem. MOTION by Knutson that the Council authorize the encumbrance of salaries for the Fire Department budget at $2.65 per hour which is consistent with the minimum wage salaries. Second by Jensen. Ayes Ratzlaff, Jensen, Walsh, Stauffer, Knutson. Nays 0. See Clerk's Fi1e 1978-135. MOTION by Jensen to accept the resignation of Don Ellingson from the Park Board and that a letter be sent to thank him for his services. Second by Stauffer. Ayes Jensen, Walsh, Stauffer, Knutson, Ratzlaff. Nays 0. An ad is to be placed in the Dakota County Tribune to seek a replacement for this position. Some discussion was held regarding the speed problem on Dodd Road and Delft Avenue with input from concerned citizens living in that area. The Mayor requested that the Police Chief and Street Superintendent li study this problem and submit their recommendations as to a possible I solution to the problem. MOTION by Ratzlaff to appoint Don Brown as Assistant Weed Inspector for the City of Rosemount. Second by Stauffer. Ayes Walsh, Stauffer, Knutson, Ratzlaff, Jensen. Nays 0. �L 3 ROSEMOUNT CITY PROCEEDL'�GS : � • Regular Council Meeting , August 1, 1978 D.O.T's recommeadatian on the speed limit reduction on Dodd BouLevard. See _ Clerk's Fi1e 1978-173 for the Superintendent's memo of �ugust 1, 1978. , � The C1erk was instructed to get in contact with the City Attorney to see � what course he could recoccunend to the Council on this problem. ' Norm Hendrickson, City Engineer, presented one bid that was received on ', the seal-coating project for I978. Some discussion followed. �'I MOTZON by Knutson that the Council accept the bid received from ALLied ', B ackto Com an of Minnea olis with the undetstanding that the portion I, 1 P P Y P of street known as Rechtzigel Street be deleted from the project and that the Council authorize the necessary signatures for the project. Second by Stautfer. Ayes Ratzlaff, Jensen, Wa1sh, Stauffer, Knutson. Nays 0. Councilman Stauffer stated that due to a few problems with the specs for the fire truck, that the bid opening date be layed over at this time. The Park and Recreation Director pres2nted the landscaping plans for Dallara Park. MOTION by Stauffer that the Council aoprove the landscaping plans for Dallara Park per Park and Recreation Director's memo of Ju1y 28, 1978. See Clerk's File 1978-174. Second by Jensen. Ayes Jensen, Wa1sh, Stauffer, Knutson, Ratzlaff. Nays 0. Considerable discussion was held regarding the drainage improvement project for Erickson Park with input from the City Engineer pertaining to the Soi1 Conservation Service specs referring to drop structures that are needed in the park. Authorization was given to the Director of Parks and Recreation to obtain quotes on the project and report back to the Council at the next Regular Council Meeting on August 15th. Ed Rahn was present to discuss with the Council the street vacation on a portion of land at 145th Street and Chippendale Avenue. Discussion followed regarding the 17 foot street easement on Chippendale Avenue. The Council decided that further consideration concerning this area cannot be given until the ownership of Chippendale Avenue has been resolved with the County. ` Councilman Jensen reported on the drainage improvements that are ne=ded in Broback's Tenth Addition. MOTIO[V by Jensen authorizing the Superintendent of Street and UtiLities and the City Engineer to proceed with the corrections needed in Broback's Tenth Addition for storm sewer drainage and authoriae them to obtain quotes for the improvements. Second by Knutson. Ayes Wa1sh, Stauffer, Knutson, Ratzlaff, Jensen. Nays 0. The City Planner informed the Council of a building that has been constructed in the middle of a street in the Le Foret Addition. MOTIO[� by Knutson that the Council direct the Building Inspector and the Maintenance Supervisor to Look into the situation with the building on a ROSE:`10Ui3T CITY YKOC.EEllIVGS G �'��� Regular Council Meeting August 1, 1978 City street in the Le Foret Addition and to notify the developer ' that the building is not consistent with the original plans and that a building permit was never authorized for the construction of said building. Further, that the building must be removed prior to any blacktopping or surfacing of the street and street grading must be halted until final compaction tests and inspections have been made by the City Engineer. Second by Ratzlaff. Ayes Stauffer, S�nutson, Ratzlaff, Jensen, Wa1sh. Nays 0. The Gambling License requested by VFW Post 9433 was layed over due to the fact that no formal application was received from them. MOTION by Knutson to accept the request for a gambling license from the American Legion Post and authorize the procedure to be initiated as outlined in the gambling ordinance. Second by Jensen. Ayes Knutson, Ratzlaff, Jensen, Wa1sh, Stauffer. Nays 0. See Clerk's File 1978-175. A plumbing business being conducted from a private residence was discussed. See C1erk`s File 1978-176 for the Building Inspector's letter to resident on March 14, 1978. MOTION by Jensen authorizing the Building Inspector to contact the City Attorney for his recommendation. Second by Stauffer. Ayes Ratzlaff, Jensen, Walsh, Stauffer, Knutson. Nays 0. It was brought to the attention of the Council that a resident who was issued a temporary kennel license last fa11 is still operating the business from his home. Action is to be taken by the Animal Warden and the Police Department. The Council discussed the memo received from the Director of Parks and Recreation regarding the purchase of a new flail mower attachment. MOTION by Knutson to authorize the purchase of a flail mower attach- ment from CarLson Tractor Company in the amount of $1362.00. Second by Ratzlaff. Ayes Jensen, Wa1sh, Stauffer, Knutson, Ratzlaff. Nays 0. See C1erk's File 1978-177. MOTION by Knutson to authorize the permit for Rosemount Hi11s Addition for the underground cable Central Telephone and that their guide- the Su erintendent of 5treets lines be the recommendations made by p m m f Jul 28 1978. Second by Stauf fer. and Utilities in his e o o y , Ayes Wa1sh, Stauffer, Knutson, Ratzlaff, Jensen. Nays 0. See Clerk's File 1978-178. The City Engineer informed the Council that he has a request from Central Telephone to hold up the street contractor in the Carrollton Addition to a11ow them time to place conduits across the street where needed for service connections. He further informed the Council that the curb and gutter contractor is one day into the project and has scheduled curbing in place and would require -� additional payment should he have to stop and wait for Central Telephone. The Engineer was instructed to allow the curbing contractor to complete the curbing work but to delay the blacktopping � �i;� ROSEMOUNT CITY PROCEEDINGS Regular Council Meeting '� August '15, 1978 Pursuant to due call and notice thereof the Regular Meeting of the City h 978 at 7:30 d held Au ust 15t 1 was ul � Council of the City of Rosemount y g p.m. in the Council Chambers of the City Hall. The meeting was called to order by Acting Mayor Jensen with Mayor Knutson and Councilman Stauffer absent. Acting Mayor Jensen led the group in the Pledge of Allegiance. MOTION by Ratzlaff that the minutes of the August lst, 1978 Regular Council Meeting be approved as printed and so be ordered published. Second by Walsh. Ayes Walsh, Jensen, Ratzlaff. Nays 0. Discussion was delayed on tax increment financing to await the arrival of Richard Graves from the League of Minnesota Cities. ` I, 'Bill Do1an and Duane Barth were present to discuss with the Council the j ��� bus stop shelter that was- erected in the Le Foret Addition without a �;1� building permit. Discussion followed regarding maintenance of the area and liability respoa- sibilities. The Clerk was instructed to contact the City Attomey regarding the City's liability regarding the building in the roadway. The developers were instructed to apply for the building permit showing . . of the T restrictive covenants of homeowners pertaining to the maintenance building. MOTION by Ratzlaff authorizing the advertising for bids for the new fire truck and setting the bid opening date for September 19, 1978 at 2:00 p.m. at the City Ha11. Second by Jensen. Ayes Jensen, Ratzlaff, Walsh. Nays 0. Di.scussion on drainage improvements in Erickson Field was postponed until the Park and Recreation DiTector was present. Acting Mayor Jensen discussed with the Council the Utilities Commission decision to use fibre glass light poles instead of wood poles in the Carrollton Addition and any future developments. Further discussion was layed over until the Utility Commission has had a chance to discuss further the`cost of sodium lighting versus mercury vapor lighting. The Director of Parks and Recreation reported that the Soil and Water Con- servation has not completed the design and specifications of grade stab- ilization structures for Erickson Fie1d. He further stated ttat only one quote was received on the Terrace Project and this quote was much higher than the estimated cost of the project. MOTION by Ratzlaff to accept the application from VFW Post 9433 for a gambling license and authorize the procedure to be initiated as outlined in the gambling ordinance. Second by Wa1sh. Ayes Ratzlaff, Walsh, Jensen. Nays 0. See C1erk's Fi1e Z978-188. The Clerk reported that the Goodrich keanel is down to the number of dogs not requiring a kennel license. � .K ROSEMOUNT CITY PkCtCEr.DINGS ;�J -� � Regular Council "teeting ` { November 21, 19'$ � to arrange for anowplowing of Danbury `w'ay in �iickelson's Second Addition and the contractor be informed that the City in no way will assume any responsibility for damage to the road, road prop- � erty or shoulder of road. Second by Ratzlaff. .4yes Ratzlaff, Jensen, Walsh, Stauffer, I:nutson, hays 0. The Superintendent of Streets and Utilities inforned the Council that a similar request had been received from Duane Barth, developer (� of the Le Foret Addition. The Council felt that a formal request should be submitted to the Council at which time it would be considered. MOTION by Jensen that the bi11s be paid from their respective funds in the amount of: General: $256,586.33 and Liquor: $34,532.44. Second by Stauffer. Ayes Jer.sen, �'a1sh, Stauffer, Knutson, Ratzlaff. �ays 0. See Clerk's File 19i8-267. Councilman Wa1sh reported on the 911 System meeting he attended on November 16, 1978 at the Government Center in Hastings. Considerable discussion followed. The Mayor informed the Council that, at the last Doc.tor Search Com- mittee meeting held on November 15th, it was determined that United Hospitals representatives would be developing a sma11 suite of offices in the bakery section of the I:en Rose Shopping Center and that the renovation cost for developing these offices would amount to approximately $15,000. It was felt that attempts should be made to obtain financial and labor assistance for this project. ', MOTION by Ratzlaff to authorize use of one empLoyee from the City of ' Rosemount to work with the developers of the clinic in the Ken Rose Shopping Center. Second by Stauffer. Ayes �'a1sh, Stauffer, Knutson, Ratzlaff, Jensen. Nays 0. , Mr. Knutson stated he would be checking into the possibility of �,I industry funding for this project. ! The City Attorney was instructed to prepare an ordinance to be completed I by the next regular meeting on December Sth pertaining to personal , liability insurance for public officials. I Councilman Stauffer, Assistant Fire Chief, informed the Council that the waterway seals on the Fire Department ladder truck are broken and that parts for repair were received C.O.D, in the amount of $520.21. Further, he was informed by American LaFrance that the repair work would have to be done at the Chicago shop. An appointment has been set for December 10th. Considerable discussion followed. MOTION by Knutson authorizing the expenditure of $520.21 for parts received C.O.D. to repair the Fire Department aerial ladder truck. Second by Ratzlaff. Ayes Stauffer, Knutson, Ratzlaff, 3ensen, Walsh. Nays 0. MOTION by Knutson authorizing the transport of the Fire Department ladder truck to Chicago for repair of the waterway with the under- ~-�- '� " ROSEtNOUNT CITY PROCEEDINGS Regular Council Meet;:ng December 5, 1978 amount of $1�2.70. Second by Ratzlaff. �yes Ratzlaff, Jensen, Walsh, -- Stauffer, Knutson. Nays 0. MOTION by Ratzlaff approving snow plowing in Le Foret and that the developet - be informed that the City will not accept li.stauffert� Ayes�JenseneeWalsh,bs, i�` or road property in this action. Second by Stauffer, Knutson, Ratzlaff. Nays 0. See Clerk's File 1978-273• � MOTION by Jensen approving request to put George Romo on as a permanent maintenance employee with an increase in salary of $75.00 per month effective December 1, 1978. Second by Ratzlaff. Ayes Wa1sh, Stauffer, Knutson, Ratzlaff, Jensen. Nays 0. See C1erk's File 1978-274• The Council acknowledged receipt oalar�iesdfordCDtyeemployees978SeeoClerk' s C1erk regarding 1979 recocnmended s Fi1e 1978-275. Discussion followed. MOTION by Ratzlaff to discuss salary adjustments at the January 2, 1979 Regular Council Meeting. Second bs 3tauNaeS.2.Ayes Stauffer, Ratzlaff, Walsh. Nays Knutson, Jensen. Aye Y The Police Chief's mecTto relating to pay increases was also delayed until the Janaury 2nd meetino. S�=a�teratesFfor the$Police�Departmenthfor11979. recommendations and new con MOTIO[� by Jensen to adopt Resolution 1978-31 tA RRaO2laffN SAye�SR�utsonE TIMELY COMPLETZO[3 OF ZNTERSTATE 35E). Second by Ratzlaff, Jensen, Wa1sh, Stauffer. Nays 0. The Council acknowledoed the application ardin�tthe Cimarron HousingePDoject. ment of Housing and Urban Development reg o See Clerk's Fi1e 1978-277• MOTIOti by Jensen authorizino the City Planner i97Statnthe RadissonDSouth1l Cities Grant Program workshop on Dece:nber 19, aid b the City. Second in Bloomington with reoistration fee of $7.00 to be p Y by Ratzlaff. Ayes Ratzlaff, Jensen, Walsh, Stauffer, Knutson. Nays 0. See C1erk's File 1978-278• MOTIOti by Stauffer authorizin� tiementcfrom Minnesota�Tractor Company in Maintenance Department blade equ p � 1978. the amount of $1784•4A es Jensen,nWalshntStaufferda�atD°nemRatzlaff. Second by Ratzlaff. y Nays 0. See C1erk's File 1978-279. MOTIO[v by Jensen that the bi11s be paid from t�utsonSPeAyeseWalsh, Stauffer, amount of: General: $363,811.54. Second by Knutson, Ratzlaff, Jensen. Nays 0. See Clerk's Fi1e 1978-280• MOTION by Stauffer authori2ing transfer of $10,000 fromt�ansferred1tomProve- ments City account to the Council budoet, $8,000 being , fessional Services and $?,000 to MiscelLaneous, per Finance DieScStauffer, — recommendation dated November 30, 1978. Second by Jensen• See Clerk's File Knutson, Jensen, Walsh. Nays Ratzlaff. Ayes 4. Nays 1. �-f�m �a-, Jaffies A. Sa�ple 4450 138t�Court West • 1�o��mount,lVlN 55068 ,D i1���� � . (.�- �9�� July 12, 1997 J�' � / / Cathy Busho Mayor City of Rosemount 2875145th Street West Rosemount, MN 55068-4997 Dear Mayor Busho: As president of the LeForet Neighborhood Association, I request a continuance to the discussion concerning the LeForet Addition entrance monument that is scheduled for the City Council meeting on July 15 until the City Council meeting on July 29, 1997. My reasons for this re�uest are: » We never received any information from Mr. Osmundson or anyone else from the City of Rosemount until July 11. Mr. Osmundson's most recent letter to the homeowners of LeForet was dated 7/9, postmarked 7/10 and was received by residents on 7/11. Therefore, it gives our association no time to prepare an adequate response to Mr. Osmundson's comments. He has delayed getting his information together until just before the cutoff date for inclusion in the next City Council agenda. This places homeowners at a decided disadvantage. » Mr. Osmundson has pulled an end run on the homeowners of LeForet Addition. He was directed by the City Council on June 1?to speak with the homeowners of LeForet, seek additional information regarding ownership of the entrance monument and bus stop shelter, and obtain more bids for the reconstruction of the damaged monument. There was no charge by the City Council for homeowners to take any action. Yet in Mr. Osmundson's letter to the homeowners, dated June 27 and received on June 28,he indicates that the item would not be brought up on the City Council agenda on July 1 because the City did not receive until June 2? a letter dated June 24 that I wrote to you. We residents call this passing the buck. I telephoned Mr. Osmundson on June 30 about this. He informed me that in reality he hadn't received information from the city attorney yet. He verbally agreed that homeowners had no action responsibility at this time and admitted that his letter could have been somewhat confusing and misleading. I informed him of my disappointment in not being on the July 1 agenda because this would cause the issue to be moved to the July 15 meeting, and I would be out of town. He said that he would be on vacation on July 15, so it would more likely be July 29 pefore tne issue would be brought up again. lvow, contrary to what he had earlier said, Mr. Osmundson informs us that the issue is scheduled for July 15. We look on this as an end run, and we are not amused. » Since June 17, Mr. Osmundson has chosen to speak with only one horneowner in LeForet, Devon and Mariann Norder. While they are the property owners ac�jacent to the monument that was destroyed, the other half of the monuments abut my property. As a homeowner who is also affected, I feel that he has purposely avoided speaking with us or any of the other homeowners except the Norders. » Since June 24, he has known that I am the president of the LeForet Neighborhood Association. Instead of informing me as president of the Association that he was scheduling the issue for the July 15 City Council meeting, he chose to tell only the Norders. Was this an oversight? We residents see this as a move to isolate the Norders from the rest of the LeForet Neighborhood Association in order to convince � _ , them to accept ownership of the entrance monument. Speaking for the association, Mr. Osmundson is overstepping his authority, and we don't appreciate this tactic. » In his letter of June 27,Mr. Osmundson indicated that the city attorney wanted to discuss the issue with the LeForet residents. However, neither he nor the city attorney has ever requested a meeting from me, and as president, I would be the person to call for a meeting of the residents of LeForet. � Every time we hear from Mr. Osmundson, his estimate for repair of the monument is raised by$500 to $1,000. In his letter of June 2, he said the repair to the monument would cost approximately $1,500. At the city Council meeting on June 17, he had raised this to $2,000 to $2,500. In his letter of July 9, he now estimates the repair to cost$2,500 to $3,500. As taxpayers and homeowners, we wonder what the estimate will be if he delays repair for su�more months. What we rather suspect is only one bid has been requested, and Mr. Osmundson is adding a "fudge factor" for unknowns. We '� challenge the City Council to physically see three bids from bonafide masons. �I, ' » F:ankly,Mayor Eusho, rrC 1T'il1St.�14ctGnt:y co:.elude tr�at the F��emou^t Public I'� Works Director seeks and supports an adversarial instead of a professional relationship with the residents of LeForet in the matter of monument repair. Since ' the date of the initial accident, he has been less than cooperative in keeping LeForet residents informed. He has been totally unresponsive to telephone calls from at least four residents. He has told at least one resident that he (the city) was not going to repair the damage. Where it has been convenient,he has ducked behind the authority resentation to the Cit Council 't Council. Moreover if our will recall his Y of the Ci � P , y on June 1? left not only the residents of LeForet but several City Council members with the impression that he had not done his homework. The actions he has displayed since that meeting indicate his disdain with the situation and lack of regard for feelin and community pride within the LeForet Addition residents. He has taken a � air due to dama e b a contr act sno low and blown it of onument re Sunrl�matt�r n p g y �rn into something of prodigious proportions. In 20 years,we've never had accident at this site. Had the snowplow operator been more alert to the weather conditions,the monument would still be standing. Instead of being helpful, he has been condescending and patronizing while his actions show something entirely different. Residents didn't like this arrogance, especially from a city employee who derives his income from taxpayers. We expect this attitude to change drastically in the future. Given the above reasons and the situation as we view it, we request a continuance of this issue to the July 29, 1996 meeting of the Rosemount City Council. We appreciate your indulgence in this matter. Sincerely, ��'1/�� ames A. Sample esident Le Foret Neighborhood Association JAS/mb