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HomeMy WebLinkAbout6.a. Minutes of February 15, 2005 Regular City Council MeetingITEM #6 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, February 15, 2005, at 7:30 p.m. in the Council Chambers at City Hall, 2875 145 Street West. Mayor Droste called the meeting to order with Council Members Shoe Corrigan, Sterner, Baxter and DeBettignies attending. City staff attending were City Administrator Verbrugge, Assistant Administrator Weitzel, City Attorney LeFevere, City Engineer Brotzler, Project Engineer Aderhold, Community Development Director Lindquist, Parks and Recreation Director Schultz, and Police Chief Kalstabakken. The Pledge of Allegiance was said. City Administrator Verbrugge presented a change to the resolution Item 8. Public Hearing. CR 38 and Trunk Highway 3, City Project 393. Mayor Droste moved to accept the agenda with the additional information for Item 8. Second by Sterner. Ayes: Five. The agenda was adopted. Public Comment Myron Napper, 3381 145 Street East, was unhappy with the public meetings held regarding development issues in the area of County Road 42 and Highway 52. Mr. Napper said that people needed more time for questions in a public forum and he said he did not feel the comment card process was effective. Napper requested the map legend be added to the display maps so residents can distinguish zoning districts Mayor Droste reviewed the process and noted that these meetings were only to relay information to residents. A public hearing will be held in the future where residents can make public statements. 2005 Service Agreement with Leprechaun Days Committee Parks and Recreation Director Schultz presented the agreement between the City of Rosemount and the Leprechaun Days Committee. The City enacted a Special Events Policy last year to review in -kind services used in community events. The policy requires organizations to provide infoiination about their organization, proof of insurance, and use of city services. Staff has been working with Doreen Perkins to fulfill all the requirements. The Leprechaun Days Committee has fifteen to twenty members. It was noted that the events list in the agreement may be revised as participants apply. Mayor Droste and Council Members thanked Doreen Perkins for her help in pulling together details for the Leprechaun Days event. MOTION by Shoe -Comgan to approve the 2005 Service Agreement with the Leprechaun Days Committee. Second by Stemer. Ayes Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Consent Agenda MOTION by DeBettignies to approve the Consent Agenda. Second by Baxter. Ayes: Sterner, Baxter, DeBettignies, Shoe Comgan, Droste. Nays. None. Motion carried. a. Minutes for February 1, 2005 Regular City Council Meeting a. Minutes for December 15, 2005 Work Session b. Minutes of January 26, 2005 Special Council Meeting c. Bills Listing 1 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 d. Donation Expenditure for Parks Recreation Department e. Accept Quote for Tactical Transport Vehicle, Law Enforcement Terrorism Prevention Program Grant for MAAC f Compensation on Easement Acquisition- Eastside Watermain, Phase II, City Proj. 345 g. Receive Plans Spec's /Authorize Ad for Bid Glendalough 5 Addition Street Utility Improvements, City Project 389 h. Mineral Extraction Permit Phasing Plan Update for Shafer Contracting Co. 04 -73 -ME i. Mineral Extraction Interml Use Permit in AG Distnct for Stonex 04 -80 -ME j. Mineral Extraction Permit Renewal for Danner, Inc. 04 -85 -ME k. Mineral Extraction Permit Renewal for Vesterra, LLC 04 -86 -ME 1. Mineral Extraction Permit Renewal for Ames Construction Ped 04 -87 -ME m. Meadows of Bloomfield Plat Dimension Correction n. Connemara Crossing Final Plat, Basic Builders 04 -83 -FP o. Glendalough 5th Addition Final Plat, Lundgren Brothers Homes 04 -84 -FP p. Joint Powers Agreement for Waste Abatement Community Funding Zoning Tex q. Zoning Text Amendment Nonconforming Buildings, Structures, and Uses 05 -01 -TA PUBLIC HEARING: 2005 Pavement Management Project, City Project 392 Mayor Droste reviewed the Public Hearing process for the audience. The affidavits of posted and mailed notice were on file with the City Clerk. City Engineer Brotzler explained the on -going management program to preserve and maintain the city streets. Project Engineer Aderhold was introduced and then gave a PowerPoint presentation on City Project 392. This year street and utility improvements are recommended for sections of 146 Street West, Canada Avenue, Dodd Court, and 130 Street West. Mr. Aderhold explained the index ratings used to determine when streets need repair. A street that receives no maintenance will last 20 to 25 years The same street with the benefit of the Pavement Management Program will last 50 to 60 years. Council action requested tonight would approve a resolution that will order the project and authorize the preparation of plans and specifications. The assessment policy, 35% of the project will be funded by assessments. Staff has estimated that the assessment per lot will be between $4,000 and $4,700. The assessment hearing will be held in October. Funding for the remaining 65% of the project will be from the Capital Improvement Program (CIP), the Street Fund, the Sanitary Sewer /Water Fund, and Stormsewer Fund. The project should start in early June and then proceed in phases allowing local residents entrance. Mayor Droste opened the meeting for public comment. Gary Coleman, 3290 149 Street West, said he was motivated to let City Council know that he was not happy with the special assessment for his property. Mr. Coleman blamed the need to fix the street on the increased development and felt the new developers should pay for the needed repairs. Mr. Coleman said his property taxes have gone up every year and it doesn't really matter if it is the city, the school district or the county increasing taxes. Mitch Becker, 3175 Lower 150 Street, reported his family will be celebrating a graduation in June and asked if he will be able to access his property. City Engineer Brotzler noted that the surface will be dnvable 90% of the time, but they can't schedule construction around individual events. Residents will be advised of progress by a weekly update during construction. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 Mayor Droste asked City Engineer Brotzler to explain the assessment process for new developments. City Engineer Brotzler said that developers pay 100% for the cost of infrastructure. A city is not allowed by law to collect impact fees for streets. It is common to have cities use an assessment policy which requires affected property owner to pay 20% to 35 Minnetonka is the only city staff was aware of that does not assess for street repairs. City Administrator Verbrugge noted that some old cities that are built out do not have assessments, but they may spread the cost over the entire city and so it is paid through property taxes. MOTION by Droste to close the Public Hearing for the 2005 Pavement Management Project, City Project 392. Second by DeBettignies. Ayes: Baxter, DeBettignies, Shoe- Comgan, Droste, Sterner Nays: None. Motion carried. City Council discussed the impact of new development. City Engineer Brotzler said that analysis has shown that it is truck traffic that breaks down streets not the number of trips cars use the same roads. Also past maintenance practices and weather can affect the road surface. Council Member DeBettignies recalled assessments applied to properties since 1981 in Rosemount. City Attorney LeFevere reported that it is rare that a city would not recover at least 20% of the cost of a project from assessments because that percentage is needed to issue bonds and finance the remaining cost. LeFevere said assessment policies provide for fair assessment practices and it is when the policy is changed that it can affect property owners unfairly, companng past with present. In Minnesota, City Attorney LeFevere said lot size does not determine assessment amounts, but the benefit to the property is what can be assessed Council Member Baxter said that a politician can never be told enough that a resident's property taxes are too high, but he felt the assessment policy is fair. City Engineer Brotzler noted that the project schedule should allow for the project to be awarded in early May. Residents will be updated in the most convenient way for the resident: e -mail, fax, mail, and city web page; and a public hearing will be noticed to all affected property owners in the fall. MOTION by Baxter to adopt A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2005 PAVEMENT MANAGEMENT PROJECT, CITY PROJECT 392. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. County Road 38 (Bonaire Path) Trunk Highway 3 to East Tract Line of Reflections (Harmony) Street Utility Improvements, City Project 393 Mayor Droste invited City Engineer Brotzler to present City Project 393. The affidavits of posted and mailed notice were on file with the City Clerk. City Engineer Brotzler and Project Engineer Aderhold gave a PowerPoint presentation on City Project 393. The reconstruction of the streets will extend the street width to 42 feet. A retaining wall will be required on the north side of CR 38 on the east end The street is currently a rural section with a ditch. That will be changed to curb and gutter. The comer lot on HWY 3 and CR 38 could be subdivided so two water and sewer stubs will be extended there. The estimated cost is $1,577,300. The schedule will largely depend on State Aid approval and anoint agreement 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 with Dakota County. The bids could be awarded as early as July 19, 2005. The assessment heanng will be held in October. Mayor Droste opened the Public Hearing for comments. Bonnie Rohr, 2813 132 Street did not agree that their lot would be subdivided in the future. They replaced their septic system nine years ago and do not intend on dividing the lot. Ms. Rohr sited a court case from January 31, 1992 by Judge Robert Carlin in Hastings who stated that the assessment must show a present benefit not a future one Ms. Rohr also noted that other neighbors have had septic systems fail and have not complied with established laws. Ms. Rohr said she has lived here for 36 years and doesn't want to move. William Rohr, 3813 132" Street West, was against assessments for two services for their one home. Mr. Rohr said this would lead to many other expenses that are not necessary. Staff determined that his total assessment would be $22,800 for two units and a street unit assessment. He would be allowed two years to hook up. Allan Feldstien, 2694 132 Court West, reported that the water does not dram well in this area. He asked about why his neighbor would not be assessed. Staff explained that the street assessments are levied only to properties that have driveways accessing the improved road. Mr. Feldstein argued that was unfair. Staff reported that the curb and gutter will eliminate the need for ditches and minimize outlets connecting to the storm sewer system. City Engineer Brotzler reported that Council can consider allowing a longer time to connect for this area by creating a special district. This will require City Council approval. City Engineer Brotzler noted the amendment to the recommended resolution allows for an extended time period to consider a contract to December 31, 2006. MOTION by Droste to close the Public Hearing for County Road 38 (Bonaire Path) Trunk Highway 3 to East Tract Line of Reflections (Harmony), Street Utility Improvements, City Project 393. Second by DeBettignies Ayes: Shoe Corrigan, Droste, Stemer, Baxter, DeBettignies. Nays: None. Motion tamed. City Council asked for the City Attorney LeFevere's interpretation of allowing two services to one parcel Mr. LeFevere noted that the fair market value increase due to the improvements should equal the assessment. He noted that if a parcel can be subdivided is somewhat speculative, but it is generally considered if a willing buyer would accept the cost of the assessment value, not if the current owner would The benefit of sewer and water is easy to prove. Council questioned if the second service assessment could be held until the lot is divided. Council Member Baxter said he would accept if the owner would only want one service now. If in the future someone would request another service, they would be responsible to pay the going rate. Baxter also understood staffs thinking that it is cost effective to prepare for two services now. City Engineer Brotzler said that this can be considered when the plans are reviewed and there will be more time to consider this area as a special distnct for assessments. Council Member Shoe -Comgan asked if 132" Court would be upgraded. This could be requested by residents with a petition requiring 35% of affected resident's signatures. There are two septic ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 systems that have failed on 132 Court. One of the residents is pumping their system each month. MOTION by Shoe Corrigan to adopt A RESOLUTION ORDERING THE PROJECT AND AUTHORIZING THE PLANS AND SPECIFICATIONS FOR COUNTY ROAD 38 (BONAIRE PATH) TRUNK HIGHWAY 3 TO EAST TRACT LINE OF REFLECTIONS STREET AND UTILITY IMPROVEMENTS, CITY PROJECT 393. Second by DeBettignies. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. Ordinance Amendment: City Code 3 -1 On -Sale Liquor License Limits Police Chief Kalstabakken presented an amendment to the City Code that would change the limit of on -sale liquor licenses in Rosemount. Rosemount had limited the number of on -sale licenses to six when State Statutes allowed 12. Last year the State of Minnesota made a provision to exempt restaurants, hotels, theaters, clubs, wine sales, and bowling centers from the number of permitted on -sale licenses. Rosemount currently has two establishments that are Class A, which is not dependent on the percentage of food sales. The two Class A licensed establishments are Shenanigan's Pub and Celt's Irish Pub and Grill. Council directed staff to limit the number of Class A licenses, thereby, controlling the number of bars operating within the city. The Class B licenses requires 51% food sales and these types of establishments would not be limited under Minnesota State law or the City of Rosemount. The Class A liquor license is also restricted from developing within 300 feet of County Road 42. Police Chief Kalstabakken was asked if he receives more police calls from the bars than the restaurants. He reported that Celt's gets the lowest number of police calls of all the licensed on -sale establishments However, in general it is expected that bars focusing more on the sale of alcohol will generate more calls for service than those establishments with a greater emphasis on other non alcoholic items. Chief Kalstabakken reported that most often it is how well the servers are trained in distnbuting liquor and handling patrons that will influence police involvement. Brandon Barth, Celt's manager and owner, asked Council to consider rewarding good conduct with a lower license fee. The Class A is now $4,500 compared to Class 13 at $3,000. Council Member Shoe Corrigan noted the past Council wanted to encourage family type restaurants on County Road 42, not bars. Council Member Stemer asked to discuss this at a work session so that past issues could be discussed. Council was agreeable to that. This is the first reading of the ordinance amendment. Participation in the Purchase of Conservation Easement Wiklund Property Parks and Recreation Director Schultz reviewed the opportunity to participate with the Minnesota Department of Natural Resources (DNR) and Metro Greenways (MG) and Dakota County in the purchase of a 25.15 acre conservation easement from Aina Wiklund, at 12110 Bacardi Avenue. The conservation easement purchase puce is $500,000. The DNR/MG will provide $150,000 and Dakota County will provide $250,000. The City of Rosemount would provide $100,000 with $50,000 coming from the Park Improvement Fund and S50,000 from the DNR Remediation Fund Grant. The DNR would hold the Conservation Easement and have a management plan for the area. The Conservation Easement will be to preserve the woods, wildlife, and meadow and will restnct any development. This will provide an important wildlife 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING FEBRUARY 15, 2005 habitat and serves as a component of a larger wildlife corridor as described in the Northern Dakota County Greenway and Metro Wildlife Comdors Project. Council considered this a great opportunity and appreciated Ms. Wiklund's strong desire to preserve this area. MOTION by Sterner to approve the Memo of Understanding and expenditure of $100,000 to participate in the purchase of a Conservation Easement on the 25.15 acres owned by Aina Wiklund at 12110 Barcardi Avenue. Second by Shoe Corrigan. Ayes: Sterner, Baxter, DeBettignies, Shoe- Corngan, Droste. Nays: None. Motion carved. Announcements Mayor Droste reviewed the upcoming regular meetings. He noted that City Hall will be closed on February 21, 2005 for Presidents Day. Mayor Droste moved to adjourn the meeting at 9:51 p.m. Second by Sterner. Ayes: Five. Nays: None. The meeting was adjourned. The City Council Agenda Packet is Clerk's File 2005 -07. 6 Respectfully submitted, Linda Jentink, City Clerk Recording Secretary