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HomeMy WebLinkAbout6.b. Minutes of October 19, 2005 Regular City Council Meeting11/10/05 revision of Oct. 18, 2005 Regular City Council Meeting Page 1 DEPARTMENT HEADS REPORTS /BUSINESS (shading, shot"7s added discussion} a. Danville Avenue Traffic Control Review City Engineer Brotzler reported that staff was researching the need for signage on Danville Avenue in response to recent accidents at 156 Street and Danville Avenue. On September 20, 2005 another accident happened at the same location The City's traffic engineering consultant, Chuck Rickart, collected data for traffic volumes, sight line reviews, and signage options The traffic volumes were at 800 to 900 vehicles per day. Iblr. Rickart stated that is typical for a residential neighborhood Pohce Chief Kalstabakken found there have been six traffic accidents in the past five years from 156 Street to 160 Street on Danville Avenue and half of those involved residents who hved nearby The policy for traffic control follows the standards set by the Minnesota Manual on Uniform Traffic Control Devices. The warrants set out to add stop signs on Danville Avenue were not met. Mr Rickart stated the mterpretanons are subjective and presented four options to consider. Council discussed traffic conditions, sight lines, landscaping, and driver's perceptions. t t f >t fo ...ns„ suggestecl by taf-_were as ollow s. =othin 2* Addside stteetstop ii 3 Install all wa"�eps at 158 e °an 41 Make sight line impr`byements and add safety signs sues "mtersechon afiead ounci emh_ feme uiqui%& ab 4n fiefco f th citg fo `improve tfi�iglitlines" _Ric t i ci staff wou e m rovemen cost would be minima e ITEM #6 advisedrha i ld d the improvement,. f. b 1 He noted that tie ..,s City tig y x Ste c ht o£wa would need to be verified. Mrmea, stated he wQUId*'xeroinmen d combining option 2: an 4._to irnproce sight and slow traffic. 5y Droste asked wl at the watr1!t!ai•e =for sides et sro i clfatt tha side stteet< signs do not have a defined traffic level requirement Mr Droste diem. ask warrants are for ail-way stop Pntersections VIrdRkkart reported that the warra r gnire traffic counts f 500 vehicles in e hour for eight_coth nuous hours. Mr Rickart explain' "d that it wou13 b very' difficult `t meet tliose warrants is a residential area tea° v t� nts w ,C'Olineil.. e r- nber Baxter reviewed%the number of accide- Then were o er ttvas es a 5 tre t k a Ji i t t 't i1.ti t* i t 106 Street, anaWfw o at 160 Street and D anville Avenue.: Mr Baxter ade the 4 oinf that if all intersection which hadtwo ac nts in the last three years hadstop_ si insta t he e wpuld „b manymore stop,sigusthr the c Mayor Droste opened the floor for pubhc comment. Jim Somski, 15736 Crystal Path, spoke in favor of adding stop signs along Danville Avenue. Mr. Somski was concerned for children waiting at bus stops on Danville Avenue He has a first grader that waits at the same comer the traffic accident happened at on September 20. Mr. Somski stated that even one accident is too much and he would prefer to see a four -way stop at 156 Street. Mr. Somski agreed that it would be good to educate drivers on safety, but felt the stop signs would greatly slow down anyone who is prone to roll through stop signs. CouncifiVIeinber Shoe- Co familiar with Danville Avenue and stated the sighthries:were atrep also, restricted due to arise iii the road. She inquired if school bus stops are supposed to have insibility requremen its to qualify for aischool bus stop: Mr:=Brotzltated the sighthne distance *4. distan i i y er stated el c 00 mph, but if, goes faster,�then the siglithne decreases: iMs. Slice- Corrigan woncfete 0- the City or the school d ttriet transportationdej artment' c' ohfd look into taus safety point. s Baste es Mt ned i v= the speed on Dan ve nue. Mr. 1rgtzler stated x. tiriof t City has the autliont lo to wef v 1f Ave Council does have the authority to lower the speed limit to a 25 mph Which "than must be posted. Mr Brotzler pointed out that local streets typically 'don't post speed limits smce State statute designate30 mph for all residential streets and without enforcement, likely the resident t urd not slow to the 25 mph even if posted. Council Member DeBettignies stated he lives in the area and is well aware of drivers who disregard safety and roll through stop signs Mr DeBettigmes agreed with staff that stop signs would not correct behavior and may actually cause dnvers to speed on Danville knowing they have the right of -way. Mr. DeeCingmes pomted i that even removal of the blue spruce in the sighthne may rt improve safety. He fu believed that driver error is the cause of the tnalonty of_accidents. Mil DeBettigihes noted that the City o£ Minneapolis put up camera cops at some intersections which has helped eliminate accidents there:;i\ rr. DeBetttgnies;nCnted that drivers do not have a clear understanding of who has the right- of -yvay onArilit hand rum and they often do not obey signit. Mr_ DeBettigmes thanked the residen4l7I dSomsIp foaspeaking on the issue. Mayor Droste inquired n many school bus stops' are on Danville Avenue. Citq 't <S that informationICIr. Droste inquired if Pohce Chief Kalstabakken had inoredata.on ?a accidents reported Chief Kalstabakken stated all the accidepts.ivere right angle accidents and half of t likely not change the dnvehl s actions. the people involved lived ikthe area. CluefKalsteakken said the residents were familiar with the intersections and yet the accidents 'StilhOccnile AChieficalstabakken agreed thatifyou install a sign Ms Shoe=Comgan suggested that use of the police department speed trailer could be used to`help control speeders and awareness. Chief Kalstabakken reported that both marked squad cars and unmarked squad cars have detieeted 30% of drivers going over 30 mph in the evening. He stated the police can patrol regularly and the often find that residents from the area are hurrying to then Own events Chief Kalstabakken said the seed trailer and patrols, usually target areas of most c and areas they have received consistent coinplatnts. Ms. S ho e Corrigan noted that th ar is completely developed and no recent changes have occurred. Ms. Shoe Corrigan stated she was familiar with this neighborhood and during the day children are out playing, there are sidewalks on both sides of the street, and makes good sense that in the evenuig_there slyodild be patrols., Ms. Shoe- COrigan preferred no stop signs be uistalledat dug tune. v githdeBettignisiHaitified that there veie no accidents in 2000 to 2002. In'the years 2003 to 2005 there were six accidenrMr. Brotzler brought out that Dakota County inn rovedf16O Street wht$ i�rt`� xi-_ now has four lanes, speed limit of 5s rnph,,add: n wxhas a highexiiolume dt tra c _;Bnitzlx. stated this likely did have some affect on tfie f attetn. r Verbrugge suggested targeting the neighborhood wi an educan 1& b> ochure smce thae isa a!str to add stop signs Mayor Droste asked the Somski, torespo to the discussion M. Son ski stated he t tr.x� s bi i believed it was a good idea to distribute an educationatchure. Mr_,Somski favored stop signs_„ staled he believed ,a visual sign was `needed to slow down traffic and this may help reduce= the, seYeiity of accidents: Mr. Sterner preferred tl'e side street stop signs, modifyin ies, and approved of the community education. Mr. Sterner stated that safety is a big issue and believed residents would gain some safety and reduced speed with side street stop signs. Mr. Sterner also believed the sighthnes changes would improve safeti. B ax er iiitliatTffitgaraii goon i.ea. dtd not wank; a Z.Ttstop signs t t t°& because<rt appears redo not sate -the problem_1\lr Baxtersumrnarized that staff had shown fhts 1 .K '$i tra may ca use drivers to crease their speed because ffic on Danville Avenue has the tight-of-way. i i t,•.t i ft Droste °'recalled whe he Was in theiar at 1Vauo'naWight flu ��arid noticed a th tr e seet a is lire tt d s s -.rt 1 gollector street since there are no nveways wadi ac"fess and there x a ;�,iincontrolledintersec e ons; Mayor Droste summarized the discussion. Staff was directed to improve sight lines, offer safety education to the neighborhood, and increase the pohce monitonng on Danville Avenue. Council requested that this traffic area be reviewed after one year to check on the effectiveness of the changes Mr. DeBetfigntes eporte at erm.a� was•ea ssam ns "sue of[raffic °,fete a d they choose to rem©ye all signs' anklights in the community.' This„ roved f j educe their traffic and pedestrian accid by 75 r.tDeBettigru atrpe pointed out thople's attitudes could he changed and safety wasproved. MrtDeBetrignies he did nRtecommendiinovtng 's b ut it was a curious example. Mr. Verbrugge acknowledged that staff had clear direction to move forward to improve traffic safety on Danville Avenue and 156 to 160 Streets. City Engineer Brotrler requested clarification on Old CR 38, page 5. Page 5 Add following sentence ending "will be $1,250 per acre." Page 5. It was noted that the purposed assessments do not mclude costs associated with right -of -way acquisition. All costs incurred for right -of -way acquisition will be assessed to respective properties m addition to the assessments proposed. #6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 18, 2005, at 7.30 p.m. m the Council Chambers at City Hall, 2875 145th Street West. Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettigrues and Shoe Corrigan attending. Staff members present were City Admunstrator Verbrugge, City Attorney Mary Tietjen, City Engineer Brotzler, Community Development Director Lindquist, City Clerk Jentink, Parks and Recreation Director Schultz, and Police Chief Kalstabakken. The Pledge of Allegiance was said. The agenda was adopted as presented. City Admuustrator Verbrugge noted that additional information was distnbuted for three agenda items 1) A news article about signage issues was included for the Danville Avenue Traffic Control Review; 2) an assessment appeal letter from Mr. and Mrs Gilmour for City Project 392, and 3) a letter from Bruce Mmea and Jill O'Rourke regarding the Old County Road 38 improvements, City Project 387. DEPARTMENT HEADS REPORTS /BUSINESS a. Danville Avenue Traffic Control Review City Engineer Brotzler reported that staff was researching the need for signage on Danville Avenue in response to recent accidents at 156th Street and Danville Avenue. On September 20, 2005 another accident happened at the same location. The City's traffic engineering consultant, Chuck Rickart, collected data for traffic volumes, sight line reviews, and signage options. The traffic volumes were at 800 to 900 vehicles per day. Mr Rickart stated that is typical for a residential neighborhood. Police Chief Kalstabakken found there have been six traffic accidents in the past five years from 156th Street to 160th Street on Danville Avenue and half of those involved residents who lived nearby. The policy for traffic control follows the standards set by the Minnesota Manual on Uniform Traffic Control Devices. The warrants set out to add stop signs on Danville Avenue were not met Mr. Rickart stated the interpretations are subjective and presented four options to consider. Council discussed traffic conditions, sight lines, landscaping, and driver's perceptions. The four options suggested by staff were as follows: 1. Do nothing. 2. Add side street stop signs 3. Install all-way stops at 158th Street and 156th Street 4. Make sight line improvements and add safety signs such as "intersection ahead" Council Member Sterner inquired about the cost to the City to improve the sightlines. Mr. Rickart advised that if city staff would do the improvement, the cost would be minimal He noted that the city nght -of -way would need to be venfied. Mr. Sterner stated he would recommend combuung option 2. and 4. to improve sight lines and slow traffic. Mayor Droste asked what the warrants are for side street stop signs. Mr. Rickart stated that side street stop signs do not have a defined traffic level requirement. Mr. Droste then asked what the warrants are for all -way stop intersections. Mr. Rickart reported that the warrants require traffic counts of 500 vehicles in one hour for eight continuous hours Mr. Rickart explained that it would be very difficult to meet those warrants in a residential area 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 Council Member Baxter reviewed the number of accidents. There were two crashes at 158 Street, two at 156 Street, and two at 160 Street and Danville Avenue. Mr. Baxter made the point that if all intersections which had two accidents in the last three years had stop signs installed there would be many more stop signs throughout the city. Mayor Droste opened the floor for public comment. Jun Somski, 15736 Crystal Path, spoke in favor of adding stop signs along Danville Avenue. Mr. Somski was concerned for children waiting at bus stops on Danville Avenue. He has a first grader that waits at the same corner the traffic accident happened at on September 20 Mr. Somski stated that even one accident is too much and he would prefer to see a four -way stop at 156th Street Mr. Somski agreed that it would be good to educate drivers on safety, but felt the stop signs would greatly slow down anyone who is prone to roll through stop signs. Council Member Shoe Corrigan was familiar with Danville Avenue and stated the sightlines were also restricted due to a rise in the road. She inquired if school bus stops are supposed to have visibility requirements to qualify for a school bus stop. Mr. Brotzler stated the sighthne distance is clear at 30 mph, but if traffic goes faster then the sighthne decreases Ms. Shoe Corngan wondered if the City or the school distnct transportation department could look into this safety point. Mr. Baxter questioned if the City has the authonty to lower the speed on Danville Avenue. Mr. Brotzler stated Council does have the authonty to lower the speed limit to a 25 mph which than must be posted. Mr Brotzler pointed out that local streets typically don't post speed hunts smce state statute designate 30 mph for all residential streets and without enforcement, likely the residents would not slow down to the 25 mph even if posted Council Member DeBettignies stated he lives in the area and is well aware of drivers who disregard safety and roll through stop signs. Mr. DeBettignies agreed with staff that stop signs would not correct behavior and may actually cause drivers to speed on Danville knowmg they have the nght- of -way. Mr. DeBetngnies pointed out that even removal of the blue spruce in the sightline may not improve safety. He firmly believed that driver error is the cause of the malonty of accidents. Mr. DeBettignies noted that the City of Minneapolis put up camera cops at some intersections which has helped eliminate accidents there. Mr DeBettignies noted that drivers do not have a clear understanding of who has the nght -of -way on a nght hand turn and they often do not obey signs. Mr. DeBettignies thanked the resident, Mr Somski, for speaking on the issue. Mayor Droste inquired how many school bus stops axe on Danville Avenue. City staff did not have that information. Mr Droste inquired if Police Chief Kalstabakken had more data on the six accidents reported. Chief Kalstabakken stated all the accidents were right angle accidents and half of the people involved lived m the area. Chief Kalstabakken said the residents were familiar with the intersections and yet the accidents still occurred. Chief Kalstabakken agreed that if you install a sign it will likely not change the driver's actions. Ms Shoe Corrigan suggested that use of the police department speed trailer could be used to help control speeders and awareness. Chief Kalstabakken reported that both marked squad cars and unmarked squad cars have detected 30% of drivers going over 30 mph m the evening. He stated 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 the police can patrol regularly and the often find that residents from the area are hurrying to their own events. Chief Kalstabakken said the speed trailer and patrols usually target areas of most concern and areas they have received consistent complaints. Ms. Shoe Corrigan noted that this area is completely developed and no recent changes have occurred. Ms. Shoe Corrigan stated she was familiar with this neighborhood and during the day children are out playing, there are sidewalks on both sides of the street, and it makes good sense that in the evening there should be patrols. Ms. Shoe Corngan preferred no stop signs be installed at this time. Mr. DeBetttgmes clanfied that there were no accidents m 2000 to 2002. In the years 2003 to 2005 there were six accidents. Mr. Brotzler brought out that Dakota County improved 160th Street which now has four lanes, speed limit of 55 mph, and now has a higher volume of traffic. Mr. Brotzler stated this likely did have some affect on the traffic pattern Mr. Verbrugge suggested targeting the neighborhood with an educational brochure since there is not a strong desire to add stop signs. Mayor Droste asked the resident, Mr. Somski, to respond to the discussion. Mr. Somski stated he believed it was a good idea to distnbute an educational brochure. Mr. Somski favored stop signs. He stated he beheved a visual sign was needed to slow down traffic and this may help reduce the severity of accidents. Mr. Sterner preferred the side street stop signs, modifying sighthnes, and approved of the community education. Mr. Sterner stated that safety is a big issue and believed residents would gain some safety and reduced speed with side street stop signs. Mr Sterner also believed the sighthnes changes would Improve safety Mr. Baxter indicated the education piece was a good idea. He did not want to add stop signs because it appears it does not solve the problem. Mr Baxter summanzed that staff had shown this may cause drivers to increase their speed because traffic on Danville Avenue has the right -of -way. Mr. Droste recalled when he was in the area at National Night Out and noticed the street acts like a collector street since there are no driveways with access and there are uncontrolled intersections. Mayor Droste summarized the discussion. Staff was directed to improve sight lines, offer safety education to the neighborhood, and increase the pohce monitoring on Danville Avenue. Council requested that this traffic area be reviewed after one year to check on the effectiveness of the changes. Mr. DeBettigmes reported that a city in Germany was dealing with this same issue of traffic safety and they choose to remove all signs and hghts in the community. This proved to reduce their traffic and pedestrian accidents by 75 Mr. DeBettignies pointed out that people's attitudes could be changed and safety was improved. Mr. DeBettignies stated he did not recommend removing signs, but it was a curious example. Mr. Verbrugge acknowledged that staff had clear direction to move forward to improve traffic safety on Danville Avenue and 156th to 160th Streets. 3 CONSENT AGENDA Motion by DeBetngnies. Second by Baxter. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 b. Special Event Update Haunted Woods Trail Parks and Recreation Director Schultz announced the twenty -third annual Haunted Woods Trail which will be held at Central Park on Saturday, October 29, from 6:00 p.m to 8:00 p.m. Preschool to middle school age youth are invited to take part m a haunted trail and receive treats from local business and service organizations. Mike Bouchard, Chairperson for the Halloween Committee, said that the business community has been very generous with over 41 sponsors this year. John Loch is participating by improving and updating the old props and creating eight new props. Mr. Bouchard said Mr. Loch gives 110% and is very much appreciated. Mr. Bouchard estimates that 1800 people will participate this year. Mayor Droste thanked IVTr. Bouchard and his committee for their many hours of work for the whole commumty. MOTION to approve the Consent Agenda. a. Minutes of October 4, 2005 Regular City Council Meeting b. Minutes of September 20, 2005 Special Council Meeting c. Bills Listing d. Expenditure Approval from Donation Account Parks and Recreation Dept. e. Budget Amendments f. Change Order #3 2004 SCADA System, City Project #377 g. Payment #7 Final Biscayne Pointe North, City Project #370 h. Payment #8 Final Rosewood Townhomes, City Project #378 1. Secunty Fences Text Amendment 05 -38 -TA j. Twm Ponds Simple Plat 05-41-AP/V k. Accept Bids and Award Contract for Fire Department Fire Tanker Vehicle 1. 2005 DNR Remediation Grant Agreement Ayes: 5. Nays: 0. Motion carried. PUBLIC HEARING Assessment Hearing 2005 Pavement Management Project, City Project 392 Mayor Droste reviewed the public hearing process for the public. The Affidavits of Posted and Published Notice were on file with the City Clerk. City Engmeer Brotzler reviewed the 2005 Pavement Management Project which included Rahn's Additions 1 through 7, 130th Street east from Highway 3, and Dodd Court Mr. Brotzlet explained that this is part of a continuous program to maintain the streets and infrastructure of the City. Mr. Brotzler noted that the project included street rehabilitation, reconstruction and overlay with improvements made to samtary sewer and water systems where necessary. Mr Brotzler reported the total cost of the project was $1,639,111 with 24% funded by special assessments. The assessment rates were as follows Urban Street Reconstruction $4,000/unit Rural Street Reconstruction $4,710 /umt Bituminous Overlay Street Rehabilitation ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 $4.54 /front foot $1,250 /unit Mr. Brotzler explained that two public informational meetings were held on January 19 and 20, 2005. The pubhc nonce and assessment process information was mailed to residents two weeks pnor to this Public Hearing. Mayor Droste outlined the appeal process which would require notification to the City within 30 days after the adoption of the assessment and also filing a notice with the distract court within ten days after the City is noticed. City Attorney Teller' confirmed the process noting that it could be a wntten or verbal objection from those attending tonight's' meeting. In order to appeal to the District Court a wntten objection letter needs to be received by the City and then within 10 days filed in state district court. Mr Brotzler continued with the payment options that would require full payment within 30 days or placing the assessment on the property tax roll for a ten -year payment plan at 5 5% interest. Council Member Shoe Corrigan examined how residents were notified. Mr. Brotzler explained the project updates were available to residents by mail, fax, or on the City web page if they responded to the letter. The residents are given an estimate of the assessment costs after the feasibility report is accepted by City Council. The final assessment is determined at the close of the project. Mayor Droste opened the meeting for pubhc input Mr. Jason Gilmour, 3155 146th Street, reported he has filed a letter of assessment appeal with the City Clerk. Mr Gilmour related he had lived m Rosemount for two years and he was shocked to receive the letter requesting $4,000. Mr. Gilmour stated he was not prepared to handle this assessment and it financially came at a very bad time. He admitted he had not attended any pnor meetings, but he felt the notice did not communicate what responsibility was expected from residents. Mayor Droste thanked Mr. Gilmour for his candor and stated the City can work at improving their communications. Linda Mullin, 3185 146 Street West, reported she was not happy with the hardship placed on her family throughout the project. Ms. Mullin stated she endured a gas leak which required the house to be evacuated. Her house had no water pressure for three days. And, her vehicle was backed into by a McNamara truck so she was not able to make it to work that day. Ms. Mullin stated she was not pleased with the street improvements and was surprised by the $4,000 assessment notice. IVIr. Mike Scorcolm, 3380 146th Street West, stated he was caught off guard by the $1,250 assessment notice. Mr. Scorcolm inquired about how the cost was estabhshed. He noted his driveway did not need to be changed. Mr Scotcolm noticed that the same contractor is used for most street reconstruction and he wondered how the bid process worked for city projects. City Engineer Brotzler noted that the grade is sometimes changed when a street reconstruction occurs which can cause additional work on a resident's driveways in order for it to match the street grade The City has m the past matched the width of the driveway unless it is wider than the maximum allowed. Mr. Brotzler explained the bid process and reported that a different contractor was used for last years Pavement Management Project. 5 Motion by Droste. Second by Sterner. MOTION to close the pubhc hearing for the Assessment Hearing 2005 Pavement Management Project, City Project 392. Ayes: 5. Nays: 0. Motion carried. Ms. Shoe Corrigan sympathized with residents who had problems with the street project. Ms. Shoe Corngan wants the residents to understand how to interact with government so they can advocate for themselves. She expressed the need to make government a htde more friendly in Rosemount. Ms. Shoe Corrigan reminded residents that if they cannot attend a meeting they could receive information from the city web page, www.ci.rosemount.mn us. Mt. Brotzler stated he also wants to improve communication and appreciates all feedback from residents and property owners. It is important to know if there are any issues that can perhaps be improved at that time Mr. Baxter requested a follow up report be done to see where the communication broke down and how it can be improved. Staff acknowledged the directive. Mr. DeBettigmes inquired why Cameo Place did not receive an assessment. Mr. Brotzler noted the assessment policy states if a property does not have a driveway unto the improved street they do not receive any benefit and can not be assessed. Motion by Shoe Corrigan. Second by Baxter. MOTION to adopt A Resolution Adopting the Assessment Roll for the 2005 Pavement Management Project, City Project 392. Ayes: 5. Nays: 0. Motion carried. Ms. Shoe Corngan requested that staff follow up with Mr. and Mrs. Gilmour on directing their appeal. City Admnustrator Verbrugge acknowledged the directive Mayor Droste thanked the residents for coming forward and making comments. PUBLIC HEARING Old County Road 38 Phase II Project, City Project 387 Mayor Droste reviewed the pubhc hearing process for the pubhc. The Affidavits of Posted and Published Notice were on file with the City Clerk City Engineer Brotzler described the second phase of improvements to Old County Road 38 (CR 38), City- Project 387 located between the Harmony development and Akron Avenue. A 42 ft. wide urban road is proposed with two through lanes and a center turn lane. The walking trails will be 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 4 included east to Bacardi Avenue and then continue easterly as new development occurs. Right -of- way and temporary easements and pondmg easements will need to be acquired. Utility easements must be established for a number of gas pipelines that crisscross under CR 38. A lateral sanitary sewer line will provide service to three properties north of CR 38. The storm sewer system is consistent with city standards. Mr. Brotzler reported that Mare Pond is a preserved wetland which will require a retaining wall built on pilings The roadway over Mare Pond will be an expensive component and will impact about one acre of wetland. Preserved wetlands mitigation has a 3 to 1 ratio replacement which is included m the proposed project. The soils in the wetland are such that additional soil will need to be added to the road base to compact it. Mr Brotzler noted the railroad crossing will be upgraded with gates and lights and the costs for right -of -way acquisition there are not known at this time. Road assessments are proposed to be assessed at $110 per front foot and the sanitary sewer assessment will be $1,250 per acre. It was noted that the proposed assessments do not include costs associated with '.ht- of- wa ac.uisition All costs mcludm n:ht- of -wav acquisition will be assessed to respective properties in addition to the proposed assessments. Mr. Brotzler reviewed the funding for the project which included $2,240,000 from the turn -back agreement with Dakota County. This is a Municipal State Aid road which is subject to state aid approval. The proposed schedule would award bids m May, and begin the project m June with an assessment hearing in November 2006. Council called for clarification on locations of certain ponds and the lateral sanitary sewer. Mr. Sterner inquired who would pay for the trails that would be completed as development occurs. Mr. Brotzler responded that the developer would bear that cost. Mayor Droste opened the Public Hearing for City Project 387 for public comment. No comments were made. Motion by Droste. Second by Baxter. MOTION to close the Pubhc Hearing for Old County Road 38 Phase II Project, City Project 387. Ayes: 5. Nays: 0. Motion carried. Ms. Shoe Corngan requested information about the temporary pond on Mr. Minea's property. Mr. Brotzler reported he had met with Mr. Mmea on this topic and the language for the pond easement may be revised to clarify that the City will absolve the need for the pond when adequate pondmg is provided by new development. Motion by Shoe- Corngan. Second by Sterner. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 MOTION to adopt A Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for Old County Road 38 Phase II Project, City Project 387. NEW BUSINESS a. Final Grade Ordinance First Reading City Engineer Brotzler presented a process whereby the permit holder would be required to prepare and submit to the City a final grade lot survey that has been certified by a licensed surveyor. This is to ensure that lots are final graded in conformance with the development grading plan and approved lot survey The procedure would become effective January 1, 2006, to allow time to communicate the change to builders and developers. Staff researched other communities that collect a survey fee as security to ensure that the work is completed and then submitted to the City. The proposed survey fee is $2000 which will be placed in the 2006 Fee Resolution with other common city fees. Winter builds have until June 15 to submit the lot survey. Mr. Brotzler stated the goal of this ordinance is to ensure that lots are final graded m conformance with the development grading plan and approved lot survey. Council Member Sterner inquired how the hst of builders is acquired. Ms. Lindquist replied the list would be pulled from the building permit list from the last few years. Mr. Brotzler reviewed the reason a lot survey is a benefit to the homeowner and can ensure that good drainage is provided. The lot survey also ensures that the house location, house elevation, and yard grading is accurate Mr. Verbrugge stated that new builders would receive a complete check hst of what is expected from the City. The second reading of the final grade ordinance will be on Consent Agenda at the regular meeting on November 1, 2005. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 b. C3 and C4 Zoning Text Amendments 05- 25 -TA, First Reading Community Development Director Lindquist descnbed Council input at work sessions held on August 9 and September 14 for C3 and C4 commercial zoning. The zoning text amendment changes included: 1. The "Decorative Fence" definition was revised to further restrict the materials to be used: Decorative Fence A fence as defined by this Ordinance made of high quahty, long lasting and ornamental matenals including finished metal or aluminum, wrought iron, bnck and the like but not including wood, unfimshed metal, vinyl, PVC, chain link, wire, barbed wire or like materials. 2. Buffer yard setbacks for commercial properties adjacent to residential uses. A buffer yard equal to thirty feet or two times the height of the building, whichever is greater, shall be required along any side or rear property line abutting any non commercial or non industrial use or district. The minimum buffer yard for any single occupancy building with a footprmt equal to or larger than 40,000 square feet, but not greater than 100,000 square feet shall be increased by 50% of the required buffer yard. Buffer yards for buildings with a footprint exceeding 100,000 square feet shall be increased by 100 This area shall contain landscaping and bermmg to provide a ninety percent opacity screen to a height of a least six feet and shall not contain any structures, parking off street loading or storage Should landscaping and bermnng be found ineffectual by the City, the City may approve screening walls and /or decorative fencing as an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty -five feet without a change m architecture to reduce their mass and appearance. 3 Minor revisions to the size of menu board signs as part of a conditional use permit for a dnve- through facility. Ms. Lindquist stated this would also discourage non related advertising on menu boards. g Council consensus agreed with the proposed changes. No clarification questions were asked. Staff will present the second reading on the Consent Agenda at the next regular City Council meeting ANNOUNCEMENTS Mayor Droste reviewed future regularly scheduled meetings. Mayor Droste reminded the audience of the Haunted Trail on Saturday, October 29, 6 p.m. to 8 p.m. Mayor Droste moved to adjourn the meeting at 9.38 p.m. Second by Sterner. Ayes: 5. Nays: 0. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 200543. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary