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HomeMy WebLinkAbout2009/12/15 CCM - RM ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, December 15, 2009 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Shoe Corrigan, Weisensel and Bills attending. Staff present included City Administrator Johnson, Chief of Police Kalstabakken, Finance Director May, Director of Public Works /City Engineer Brotzler, Assistant City Engineer Dawley, Community Development Director Lindquist, Director of Parks and Recreation Schultz, City Attorney LeFevere, City Clerk Domeier and Assistant City Administrator Foster. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated there was additional information provided for Consent Agenda item 6.f. 2010 Schedule of Rates and Fees and 6g. Youth Commissioner Appointment. Motion by Droste. Second by DeBettignies. Motion to approve the agenda with the additional information for items 6.f. and 6.g. Ayes: 5 Nays: 0. Motion carried. PUBLIC COMMENT Charlie Koehnen, 12255 Rich Valley Boulevard, Rosemount provided comment on item 6.s. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2010, Case 09-28 ME. Mr. Koehnen had no issue with the mining but expressed concern about his well water. Mayor Droste requested that staff research the concerns and provide a response at the next City Council meeting. CONSENT AGENDA Council Member Bills pulled item 6.g. Youth Commissioner Appointments and Mayor Droste pulled 6.f. 2010 Schedule of Rates and Fees from the Consent Agenda. Motion by Shoe Corrigan. Second by Weisensel. Motion to approve the Consent Agenda with the removal of f. and g. a. Minutes of the December 1, 2009 Regular City Council Proceedings b. Bills Listing c. 2010 Liquor License Renewals d. On Public Premise Liquor Licenses e. Resolution and Consent Order Imposing Civil Penalty and Suspension of FPW, LLC D /B /A MGM Liquor Rosemount (Resolution 2009 -70) f. 2010 Schcdulc of Ratcs and Fccs h. VEBA Health Reimbursement Arrangement and MSRS Post Employment Health Care Savings Plans (Non- Union) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 i. Budget Amendments (Resolution 2009 -71) j. 10 -Year Capital Improvement Plan (CIP) Working Program k. City File Servers and Accessories 1. Dakota County Drug Task Force Joint Powers Agreement m. Tree City USA Recertification n. Retro- Commissioning Study Projects with ATS &R o. Community Center /Armory Maintenance Agreement p. Community Center /Armory Lease Agreement q. Payment #6 Final 2009 Street Improvements Project, City Project #426 r. Payment #2 Final Downtown Sidewalk Improvements, ENG 149 s. Request by Shafer Contracting to Renew their Mineral Extraction Permit through 2010, Case 09 -28 -ME t. Request by Vesterra, LLC and Stonex, LLC to Renew their Mineral Extraction Permit through 2010, 09 -26 -ME u. Request by Valley Paving, Inc. for an Interim Use Permit to operate an Asphalt Plant at 12955 Courthouse Boulevard through December 31, 2010, 09- 25 -IUP (Resolution 2009- 72) v. Amend the Zoning Ordinance to Revise and Update Section 11 -9 -6 Related to Commercial Use Antenna Towers, 09 -24 -TA (Ordinance B -204) w. Authorization to submit an application to the Dakota County Community Development Agency Redevelopment Incentive Grant (Resolution 2009 -73) x. Resolution of Approval for CDBG Application (Resolution 2009 -74) Ayes: DeBettignies, Shoe Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. 6.f. 2010 Schedule of Rates and Fees Mayor Droste asked City Administrator Johnson to explain how the City develops the rates and fees. Mr. Johnson explained the reasoning and development for the City fees noting that some fees are needed to be compliant with state statute. Mayor Droste explained the reasons for the change in the water and storm water rate changes. Motion by Droste. Second by DeBettignies. Motion to Adopt a Resolution Approving Amendments setting the 2010 Schedule of Rates and Fees. Ayes: Shoe- Corrigan, Droste, Weisensel, Bills, DeBettignies Nays: None. Motion carried. (Resolution 2009 -75) 6.g. Youth Commissioner Appointments Commissioner Bills provided information on the creation of the Youth Commission and the selection process. He looked forward to watching the youth grow in government. Council Member Shoe Corrigan thanked all the youth that showed interested in serving on the commission. Mayor Droste recognized some of the Commissioners that were in the audience. Council Member bills also ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 thanked Assistant City Administrator Foster and Planning Commissioner Irving for their help in the process. Motion by Bills. Second by Shoe Corrigan. Motion to Appoint the Following Youth Commissioners: Brandon Brist, Shannon Carroll, Kennedy Erdmann, Joseph Kearney, Nicole Laumer, Joseph Neuens, Jr., Meghan Olson and alternate Ryan Condon. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan Nays: None. Motion carried. PUBLIC HEARINGS 7.a. Request by John and Elaine Fischer to Vacate a portion of the Drainage and Utility Easement on their Property at 12207 Coffee Trail Community Development Director Lindquist summarized the information in the staff report. John and Elaine Fischer have requested the vacation based upon information resulting from a title search during the potential sale of their home. Council Member Bills questioned if Lot 4 was a buildable lot. Ms. Lindquist replied yes. Mayor Droste opened the Public Hearing. No comments were provided. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt a Resolution approving the Vacation of a Portion of the Drainage and Utility Easement at 12207 Coffee Trail. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. (Resolution 2009 -76) 7.b. Request by Rottlund Homes to Vacate the Drainage and Utility Easements on Block 7 of Harmony 5 Addition Community Development Director Lindquist summarized the information in the staff report. Staff requested to table the action until formal action and approval of the Harmony 6 Additional final plat. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 Mayor Droste opened the Public Hearing. Motion by Droste. Second by Weisensel. Motion to close the public hearing. Ayes: 5 Nays: 0. Motion carried. Council Member Bills questioned when the City Council would review the item again. Ms. Lindquist expected that the item would be discussed again in January. Motion by DeBettignies. Second by Weisensel. Motion to Table the Vacation of the Drainage and Utility Easement on Block 7 of Harmony 5t Addition. Ayes: Bills, DeBettignies, Shoe Corrigan, Droste, Weisensel Nays: None. Motion carried. NEW BUSINESS 9.a. Receive Feasibility Report/Order Plans Spec's -2010 Street Improvements Project, City Project #428 Director of Public Works /City Engineer Brotzler provided a detailed summary of the staff report and a PowerPoint presentation of the Pedestrian Striping Improvements for the 2010 Street Improvement Project. Discussion items Mr. Brotzler highlighted included the Shannon Parkway Striping Improvements, proposed Roundabout Improvements, and Proposed Trail and Sidewalk Improvements. Council Member Weisensel questioned the options available for bicyclists through a roundabout. Mr. Brotzler explained that within the design there are proposed slip ramps. The bicyclist may access those slip ramps before moving through a roundabout or use a travel lane through the roundabout instead of a trail or sidewalk. He stated that higher level bicyclists will maneuver themselves through a travel lane of the roundabout. Jupe Hale with WSB Associates concurred with Mr. Brotzler's comments. He added that slip ramps allow for bicyclists that are not comfortable in the travel lane to maintain their speed within the bike slip ramps and use it as an off road ramp. Council Member Weisensel further questioned the signage at the roundabout and public education. Mr. Brotzler stated that most cities go through a significant public information effort and that Rosemount would do the same through communication with residents. Council Member Bills inquired about the safety statistics. Mr. Hale supplied the City Council with statistics provided by the Institute of Insurance Specialists. He stated that there was a 76% percent reduction in traffic accidents and a 90% reduction in severe accidents resulting in death or disability. He noted that the study was based upon 24 intersections that had stop or signal control points that were replaced with roundabouts. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 Council Member Weisensel questioned the design of Shannon Parkway and the changes in expected traffic. Mr. Brotzler replied that currently there are over 4,000 cars per day on Shannon Parkway and it is projected that by 2030 it will be 7,000 -7,500 cars per day. Staff was not aware of any accidents within the past three years at the proposed roundabout location. Mayor Droste noted that he continuously hears about the high speeds on Shannon Parkway. He also questioned if it were possible to just add a right turn lane going north allowing access to the school. Mr. Brotzler stated that a northbound right turn lane can be added in -lieu of a roundabout and is recommended if a roundabout is not constructed. The addition of a right turn lane can be accommodated within the existing right -of -way whereas a roundabout will require right -of -way dedication from ISD 196. Council Member Bills questioned if staff considered using the money for a different choice for safety and if it would be possible to have a squad in the area to slow traffic down. Chief of Police Kalstabakken stated that the Police Department writes tickets for safety and not to raise revenues. Mr. Kalstabakken provided more information about complaints during the morning time frame and the changes that could be made if more kids were riding the school bus. Further discussion was held on the breakdown of speeding ticket fees. Mr. Kalstabakken stated that the portion of road near the school is not a high accident area and that there are a lot more near misses than accidents. Council Member Shoe Corrigan stated that most complaints she receives about Shannon Parkway is the speed. She added that squad cars are on that road in the mornings. Council Member Weisensel questioned that if the roundabout were to be installed what would residents expect and for how long would the road be shut down. Mr. Brotzler replied that from a construction standpoint there would be a two to three month period for the contractor to complete the work. Access wouldn't be eliminated but may be restricted to local traffic only and maintained for property owners. He added that timing would be critical for the project to be completed when school is out and before school begins in the fall. Mayor Droste said that as a City Council they should consider and elevate to the school board the safety issues. If one accident occurs there will be residents before us questioning the issues. He would hate for any accidents to happen in that area. Council Member Shoe Corrigan stated that no matter what the City needs to upgrade the intersection. Council Member Bills expressed his concerns about roundabouts. He questioned if something could be done as part of safe routes to school if only an extension of lanes was installed. Mr. Brotzler stated that staff has discussed the speed of traffic, improved access and improved pedestrian crossings. He noted that adding turn lanes on Shannon Parkway would help improve the access to /from Shannon Park Elementary but won't address additional concerns. He added that from a speed standpoint a roundabout will provide traffic calming that other optionswon't provide. In addition, a roundabout will provide pedestrian crossings with improved safety. Commissioner Bills also questioned the state aid. Mr. Brotzler explained that the City has a number of items listed to receive state aid. From a dollar standpoint, 20% of the City's street milesmiles are eligible to be on the street state aid system..Other projects the City uses state aid for are off system cost for costing sharing with Dakota County or MnDOT. Mr. Brotzler explained more about the use of state aid. He noted that the state constitutionally dedicates the state aid funds based on gas tax revenue. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 Council Member Bills questioned the next step if the project was approved. Mr. Brotzler replied that the City Council will have to approve the final plans that go out for bid. Staff would update the City Council on discussion with the school board. Mr. Brotzler added that striping would be discussed in January or February. Council Member Shoe Corrigan questioned if trees and landscaping are located in the right -of -way if the City would be working to replace the trees. Mr. Brotzler stated that staff would work to minimize the impact of the trees including retaining walls or modifications that can made to trees. The trail should not meander and there should be continuity in the trail. Mayor Droste asked staff to explain the different types of easements. Mr. Brotzler summarized the different types of easements for local streets including drainage and utility easements. He added that in regards to trees staff will acknowledge and identify those things that residents have and the value of those investments in reaching the goals on the trail systems. Council Member Bills questioned the parking of cars extending into the sidewalks. Mr. Brotzler replied that per state law it is illegal to park a car across a sidewalk. Mayor allowed for public comment. Michael Tharp, 14004 Delta Avenue, Rosemount, stated his driveway had a steep grade and that a sidewalk would affect him getting to his garage. He expressed concern about the grading issues, privacy issues, loss of front grass and backing out of his driveway. Bill Biebesheimer, 13725 Shannon Parkway, Rosemount, shared concerns about cars parking on driveways and the speed on Shannon Parkway. Mr. Beibesheimer stated that the sidewalk is currently underutilized. He did not favor adding another 8 feet of trails to the other side of Shannon Parkway and preferred that the money would be used for safer crosswalks. Melvin and Heidi Brist, 13861 Shannon Parkway, Rosemont, did not support the addition of the sidewalks noting that parking on the driveway would be an issue. They suggested spending the money on safer crosswalks in the area. Don Soule, 13851 Shannon Parkway, Rosemount, stated that with having a two car garage the parking on the driveway would become an issue for his family. He added that as an avid runner the addition of the roundabout did not make sense to him and would make him nervous when running. Council Member Shoe Corrigan stated she read through the comments provided in the packet. She noted that some comments stated that spending money on the project was not a necessary cost. She explained how the CIP works for planning for future projects. Mr. Brotzler added that when the City Council adopted the plan in 2005 the City Council included into the annual budget the trail and sidewalk improvements. He added that doing the sidewalk and trail projects as part of an improvement project saves on costs as well as the area is only being disrupted once. Mayor Droste added that there were some favorable comments received. He questioned leaving such a gap on a collector street. Council Member Shoe Corrigan stated legitimate concerns have been expressed ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 about yards, driveways and streets. She talked about the awareness of the trail plan and comprehensive planning. She added that the City schedules out improvements and repairs in a timely manner adding that staff and the City Council have been thoughtful and deliberate in the improvements made in the community. She expressed concern about delaying improvements. Council Member Bills questioned the project funding and if the money was not spent on the improvements proposed if the City Council could elect to identify other trail projects to or bank the funds for future trail projects. Mr. Brotzler responded that the state aid money would not be used but other funding may be used under the City Council direction. Mayor Droste noted that with the past reconstruction projects the City saw tremendous savings with the trends of current bidding. Council Member Bills asked for statistics along Shannon Parkway. Mr. Brotzler talked about the pedestrian accident that occurred last year. He talked about considering trails and crosswalks when discussing collector roads. Mr. Brotzler stated that there was a City policy to have sidewalks available on both sides of collector streets. This project is part of implementing that policy and to provide access opportunities along the corridor. Mr. Brotzler also talked about minimizing uncontrolled intersections and mid -block locations. Council Members Bills told Mr. Brotzler that he does an incredible job in his work and providing options and that Mr. Bills vote should not be taken as disrespect to Mr. Brotzler. Council Member Shoe Corrigan talked about the underpass at Shannon Parkway. Mr. Brotzler provided background on the underpass and Evermoor Development noting that the underpass does not meet today's standards. Commissioner DeBettignies talked about Mr. Tharp's issues on Delta Avenue. Mr. Brotzler stated that without actually being at the property it is hard to estimate the circumventing opportunities. He anticipated there would be a handful of those types of driveways and they would work to eliminate any grade break in the middle of the driveways. Discussion was also held regarding the removal of trails on Dane and Option 7. Motion by Bills. Second by Shoe Corrigan. Motion to Adopt a Resolution Receiving the Feasibility Report and Authorize the Preparation of Plans and Specifications for the 2010 Street Improvements Project, City Project #428. Ayes: DeBettignies, Shoe- Corrigan, Droste, Weisensel, Bills Nays: None. Motion carried. (Resolution 2009 -77) Motion by Bills. Second by Weisensel. Motion to authorize the design of trail and sidewalk pedestrian improvements as proposed in City Project 428, or with one or more or modifications as follows: remove Shannon Parkway and /or Delta Avenue pedestrian facilities from City Project #428. Council Member Shoe Corrigan questioned if the motion was made could it be changed later. Mr. Brotzler replied that the feasibility report is complete and was ready for final design. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 Ayes: Weisensel, Bills Nays: Shoe Corrigan, Droste, DeBettignies. Motion failed. Motion by DeBettignies. Second by Weisensel. Motion to authorize the design of trail and sidewalk pedestrian improvements as proposed in City Project 428, with one or more of the modification as follows: boulevard width of 5 feet with reduced trail width on Shannon Parkway. Council Members DeBettignies and Weisensel both stated they did not care for option b and would rather see more green space. Council Member Weisensel added that with the proposed slope the project would not look right. Mr. Brotzler showed on a map the house locations in relation to the proposed sidewalks. He stated that there would be 38 feet from the back of the sidewalk to any structure front. He added that if the City Council support the Shannon Parkway segment staff could work to maintain the schedule as proposed with the section of Delta Avenue coming back for discussion in January. Council Members DeBettignies and Weisensel offered to remove their motions. Mayor Droste stated that the motion and second are have a removal in order and the motion is withdrawn. Motion by Weisensel. Motion to Stop at 428 with the Suspension of Option 6 at Delta Avenue indicated in blue and Option 3 south indicated by green located at Shannon Parkway. Council Member Shoe Corrigan stated that the trail should connect to something. Motion failed for a lack of a second. Motion by Shoe Corrigan. Second by DeBettingies. Motion to table Option 2 until the City Council has the opportunity to have further discussion regarding the sidewalks. Ayes: Droste, Weisensel, Bills, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Motion by DeBettignies. Second by Shoe Corrigan. Motion to authorize Staff to continue discussion with Independent School District 196 to obtain a position for or against the construction of a proposed roundabout on Shannon Parkway at the Shannon Park Elementary entrance as part of City Project #428. Council Member Bills stated he did not favor the addition of a roundabout. Council Member Weisensel was willing to have the discussion with the school district. He stated that the school should be concerned about the traffic in and out of the school. Council Member Shoe Corrigan ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 15, 2009 stated the discussion is important. Council Member Bills added that he wanted to be part of the discussions with the school. Council Member Shoe Corrigan suggested having the school board attend a work session. Ayes: Weisensel, Bills, DeBettignies, Shoe Corrigan, Droste Nays: None. Motion carried. Mayor Droste requested that another mailing be sent to the affected property owners when the items are discussed again with the City Council. ANNOUNCEMENTS Mayor Droste summarized the calendar of events. The next regular City Council meeting will be held on January 5, 2010. ADJOURNMENT There being no further business to come before the City Council and upon a Motion by Droste, Second by DeBettignies, the meeting was adjourned at 10:18 p.m. Respectfully Submitted, Amy Domeier, City Clerk