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HomeMy WebLinkAbout6.a. Minutes of October 18, 2005 Rgular City Council MeetingITEM t6 A CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and nonce thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, October 18, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145th Street West Mayor Droste called the meeting to order with Council Members Sterner, Baxter, DeBettigmes and Shoe Corrigan attending Staff members present were City Administrator Verbrugge, City Attorney Mary Tietjen, City Engineer Brotzler, Community Development Director Lindquist, City Clerk Jentmk, Parks and Recreation Director Schultz, and Police Chief Kalstabakken. The Pledge of Allegiance was said. The agenda was adopted as presented. City Administrator Verbrugge noted that additional information was distributed 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. Another accident was reported on September 20, 2005 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 lures, landscaping, and dnver's perceptions. Mayor Droste opened the floor for public 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 watts 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 love 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 DeBettignies stated he lives in the area and is well aware of drivers who disregard safetv and roll through stop signs. Mr DeBettigmes agreed with staff that stop signs would not correct behavior and may actually cause drivers to speed on Danville knowing they have the right of -way. Mayor Droste summarized the discussion. Staff was directed to improve sight lines, offer safety education to the neighborhood, and increase the police monitoring on Danville Avenue. Council 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 requested that this traffic area be reviewed after one year to check on the effectiveness of the changes. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 b. Special Event Update Haunted Woods Trail Packs 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 in a haunted trail and receive treats from local business and seicice 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 Mr Bouchard and his committee for their many hours of work for the whole community. CONSENT AGENDA Motion by DeBettigiues. Second by Baxter 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. Security Fences Text Amendment 05 -38 -TA j. Twin 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 Pubhshed Notice were on file with the City Clerk. City Engineer 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. Brotzler explained that this is part of a continuous program to maintain the streets and nifrastructure of the City Mr. Brotzler noted that the project included street rehabihtation, reconstruction and overlay with improvements made to samtaiy sewer and water systems where necessary. Mr. Brotzler reported the 2 total cost of the project was $1,639,111 with 24% rates were as follows: Urban Street Reconstruction Rural Street Reconstruction Bituminous Overlay Street Rehabilitation Mayor Droste opened the meeting for public input. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 funded by special assessments. The assessment $4,000 /unit $4,710 /unit $4.54 /front foot $1,250 /unit Mr. Brotzler explained that two public informational meetings were held on January 19 and 20, 2005. The public notice and assessment process information was mailed to residents two weeks prior 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 district court within ten days after the City is noticed. City Attorney Teitjen confirmed the process noting that it could be a written or verbal objection from those attending tonight's' meeting. In order to appeal to the District Court a written 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. Mr. Jason Gilmour, 3155 146th Street, reported he has filed a letter of assessment appeal with the City Clerk. Mr Gilmour related he had hved in 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 prior 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 suipnsed by the $4,000 assessment notice. Mr. 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 established. He noted his driveway did not need to be changed. Mr. Scorcohn 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 3 grade. The City has in 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. Motion by Droste. Second by Sterner. MOTION to close the public 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 Corrigan wants the residents to understand how to interact with government so they can advocate for themselves. She expressed the need to make government a little more fnendly in Rosemount. Ms. Shoe Corrigan reminded residents that if they cannot attend a meeting they could receive information from the city web page, wuw.ci.rosemount.mn.us. Mr. 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 commumcatton broke down and how it can be improved. Staff acknowledged the directive. Mr. DeBetngmes inquired why Cameo Place did not receive an assessment. Mr. Brotzler noted the assessment pohcy states if a property does not have a dnveway unto the improved street they do not recen•e any benefit and can not be assessed. Motion by Shoe Corrigan. Second by Baxter. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 MOTION to adopt A Resolution Adopting the Assessment Roll for the 2005 Pavement Management Project, City Project 392. Ms. Shoe Corrigan requested that staff follow up with Mr. and Mrs Gilmour on directing their appeal. City Administrator Verbrugge acknowledged the directive. Mayor Droste thanked the residents for coming forward and makmg 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 Pubhshed Notice were on file with the City Clerk. 4 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 included east to Bacardi Avenue and then continue easterly as new development occurs Right -of- way and temporary easements and ponding easements will need to be acquired. Utihty easements must be estabhshed 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 unpact about one acre of wetland. Preserved wetlands mitigation has a 3 to 1 ratio replacement which is included in 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 hghts and the costs for right -of -way acquisition there are not known at this tune. Road assessments are proposed to be assessed at $110 per front foot and the sanitary sewer assessment will be $1,250 per acre. 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 begun the project in June with an assessment hearing m 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 Public Hearing for Old County Road 38 Phase II Project, City Project 387. Ayes: 5. Nays: 0. Motion carried. Motion by Shoe Corrigan. Second by Sterner. 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 Ms. Shoe Corrigan requested information about the temporary pond on Mr. Minea's property. Mr. Brotzler reported he had met with Mr Minea on this topic and the language for the pond easement may be revised to clanfy that the City will absolve the need for the pond when adequate pondmg rs provided by new development. 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. Ayes: 5. Nays: 0. Motion carried. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 NEW BUSINESS a. Final Grade Ordinance First Reading City Engineer Brotzler presented a process whereby the permit holder would be required to prepare and subnut 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 m conformance with the development grading plan and approved lot survey. The procedure would become effective January 1, 2006, to allow tune to communicate the change to builders and developers Staff researched other commumties 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 m the 2006 Fee Resolution with other common city fees. Winter builds have until tune 15 to submit the lot survey. Mr. Brotzler stated the goal of this ordinance is to ensure that Lots are final graded in conformance with the development grading plan and approved lot survey. Council Member Sterner inquired how the hst of builders is acquired. Ms. Lindquist rephed the hst 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. b. C3 and C4 Zoning Text Amendments 05 25 TA, First Reading Comnmmty Development Director Lindquist described 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 quality, long lasting and ornamental materials including finished metal or aluminum, wrought iron, bnck and the like but not including wood, unfinished metal, vinyl, PVC, chain hnk, 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 tunes 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 footprint 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° /0. This area shall contain landscaping and bemmng 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 bermmg 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 then mass and appearance. 6 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING OCTOBER 18, 2005 3. Minor revisions to the size of menu board signs as part of a conditional use permit for a drive- through facility. Ms. Lindquist stated this would also discourage non related advertising on menu boards. 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 2005 -43. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary