HomeMy WebLinkAbout6.a. Minutes of the June 6, 2006 Regular City Council ProceedingsROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
JUNE 6, 2006
CALL TO ORDERIPLEDGE OF ALLEGIANCE
Pursuant to due call and nonce thereof, a regular meeting of the Rosemount City Council
was duly held on Tuesday, June, 2006, 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 Sterner, Baxter,
DeBetngmes, and Shoe Corrigan attending. Staff members present were City Administrator
Verbrugge, Assistant City Administrator Weitzel, City Attorney LeFevere, City Engineer
Brotzler, Police Chief Kalstabakken, Admuustration Intern Hudyma, Officer Rosa, Officer
Rauenhorst, Sargeant Sommers, Officer Coughlin, Receptionist Coughlin and City Clerk
Domeier. The Pledge of Allegiance was said.
ADDITIONS OR CORRECTIONS TO THE AGENDA
City Administrator Verbrugge noted the changes to the agenda for additional information
for Item 6.m on the Consent Agenda and moving Item 6.m. from Consent to New Business
Item 9.b. Mr. Verbrugge also noted the additional information for Item 9 a
Motion by Droste. Second by DeBettigmes.
Motion to adopt the Agenda with the additional information of 6.m., 6.m. moved
from Consent to New Business 9.b. and additional information for Item9.a.
Ayes: 5.
Nays: 0. Motion carried.
PUBLIC COMMENT
None.
RESPONSE TO PUBLIC COMMENT
Chief Kalstabakken responded to Lorrayne Ingram's comments at the May 16, 2006
meeting After the meeting, Ms. Ingram followed up with an email addressing the problem
areas. Since that tone, officers talked to homeott nets which generated the complaints by
Ms. Ingram No traffic stops have been made due to the complaints possibly due to the
officer interaction with the homeowners Mr Kalstabakken encouraged residents to contact
the Police Department when issues anse m their neighborhoods He further stated different
ways to relay complaints to the officers. The Police Department takes pride m the work they
do and continues to pamcipate monthly m SAFE Zone, which directs officers to perform
increased performance m a designated area based upon citizen complaints and crash data.
Mayor Droste appreciated the feedback from Chief Kalstabakken.
DEPARTMENT HEADS REPORTS /BUSINESS
5.a. Police Officer Oath of Office
Mr. Kalstabakken took great pleasure in introducing Ryan Coughlin to the City Council
Officer Coughlin began working for the Pohce Department on May 8, 2006. He is a
6a
Rosemount native and Rosemount High School graduate Mr. Kalstabakken summarized
Officer Coughhn's education. Upon completion of field training in rind- August, Officer
Coughlin is expected to begin working as a patrol officer.
Mayor Droste administered the Pohce Officer Oath of Office to Ryan Coughlin. Mayor
Droste congratulated Officer Cough
CONSENT AGENDA
Council Member Sterner pulled Item 6.k. for further discussion.
Motion by DeBettigmes. Second by Baxter.
Motion to approve the Consent Agenda, Items a through j., Item 1., and n. through
o., with the modification to move Item 6 m. to New Business.
a. Minutes of the May 16, 2006 Regular City Council Proceedings
b. Minutes of the May 24, 2006 City Council Work Session Proceedings
c. Bills Listing
d. Receipt of Donation DARE Program Expenditure from Donation Account
DARE
e. Receive Donation Parks Recreation Dept.
f. Expenditure Approval from the Donation Account Parks Recreation Dept.
g. Approve Amendment to the Dakota County Mutual Aid Fire Services
Agreement
h. Resolution amending the 2006 Schedule of Rates and Fees relating to
Plumbing /Heating Permits
i. Approval to Temporarily Permit Two Principal Structures at 12523 Akron
Avenue
j. Celtic Crossing, LLC Mmor PUD Amendment to Consohdate Two Ground
Signs into One Single Larger Ground Sign, 06 -27 -AMD
k. Cr ssct f t 3 Additi n (D.R. I I rton) Approval of an amended PUD
Agrc;cment, 06 08 AMD
1. Change Order #1—GlenRose of Rosemount Street and Utility Improvements,
City Project #397
m. Receive Bids /Award C ntract Clcndalou 7 —Street Utihty vcmenta,
City Pr jcct 11101
n. Acquisition of Easements County Road 38, Phase II, City Project #387
o. Authorize Eminent Domain, Old County Road 38/132n Court West Street and
Utility Improvements, City Project #387
Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter.
Nays: 0. Motion carried.
6.k. Crosscroft 3 Addition (D.R. Horton) Approval of an amended PUD
Agreement, 06 -08 -AMD
Council Member Sterner stated he did not have enough information to indicate where
changes were made in the agreement. City Attorney LeFevere stated the changes were made
to the building types. City Admuustrator Verbrugge added no substantial changes were
made to the PUD Agreement. Mr Verbrugge added Community Development Director
Lindquist could provide Council Member Sterner with the specific changes. Jerry Slobodnik
of D R. Horton stated a clarification was made to the amendment to separate the way the
agreement was drafted D R Horton staff members decided users in the future may not be
able to decipher the language of the amendment.
Kim Shoe Corrigan questioned the side yard setbacks Mr. Slobodnik stated the setbacks
were previously approved m the ongmal PUD. Setbacks were not changed from the
agreement approved in May.
Council Member DeBetngnies questioned if lot numbers changed Mx. Slobodnik stated the
dimensions were consistent with the Prelu/unary Plat. The main reason for the amendment
was to clarify the different housing elevations.
Motion by Baxter. Second by Shoe Corrigan.
Motion to authorize execution of the PUD Amendment Agreement and
Conservation Agreement.
Ayes: Shoe Corrigan, Droste, Stemer, Baxter, DeBettignies.
Nays: 0. Motion carried.
NEW BUSINESS
9.a. Ordinance Amendment Council Compensation Adjustment
City Administrator Verbrugge reviewed the City's compensation schedule as follow -up to
the April work session regarding elected official compensation. Rosemount was trailing
most of the like -sized communities in terms of annual compensation and salary. It has been
five years since the City adjusted the mayor and council member salaries Mr. Verbrugge
noted the draft Ordinance will not be effective until January 1, 2007.
Motion by Sterner. Second by Shoe Corngan.
Motion to amend City Code 1 -6 -1 to increase the annual salary for Mayor to $8,000
and to increase the annual salary for Council Members to $6,000.
Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan.
Nays: 0. Motion carried.
9.b. Receive Bids /Award Contract—Glendalough 7 Street Utility Improvements,
City Project #401
City Engmeer Brotzler stated as a result of condition of plat approval for Glendalough 7
the developer was to provide the City with a 30 foot easement. The easement would be used
to make a street connection at 134 Street to Dodd Road at Connemara Trail As a result of
the proposed plat, the connection of Dodd Road and Connemara Trail will be eliminated.
Lundgren has not secured that easement; therefore, an easement acquisition agreement has
been drafted for the City to assume the responsibility of acquiring the easement should the
developer not acquire the easement. It is critical because 1) the City will not release the final
plat until the easement is m place, and 2) the City will not award the contract for bids until
there is a guarantee the easement can be secured. Mr. Brotzler asked for consideration on
the agreement that outlines the City's role m assuring the easement can be secured in a
timely manner to complete the project and through eminent domain if necessary
Council Member Baxter questioned who the easement is coming from. Mr. Brotzler showed
the Council where the Raak properties are located Several developers have had discussions
with Mr Raak about purchasing the property for future development The City has nothing
in writing to say a deal is done. Council Member Baxter further questioned what the City
knows about the negotiations and purchasing the easement. Mr. Brotzler is not aware of the
reasons why the negotiations are held up.
Daniel Deuth, US Homes Corporation, stated the discussion point is different because
Lundgren was not the direct developer involved m the acquisition originally The property
was purchased from CPDC and expenditures would be passed back to CPDC. Mr. Deuth
stated Mr Raak's original request for the easement was about $80,000. Mr Raak was
unaware he owned the nght -of -way until Lundgren brought it to his attention Mr Duth
discussed the appraisals of the right -of -way and mentioned he heard of a third party signing
a purchase agreement with Mr. Raak.
Mayor Droste questioned if the easement was the strip of land on the west side of Dodd
Road. Mr Brotzler pointed out to the Council where the road shifts to the west and enters
mto the property now owned by Lundgren as part of the purchase from CPDC. Dodd Road
is off set from the property hne of the Raak property.
Council Member Shoe Corrigan questioned the portion of the road where the easement is
needed. Mr Brotzler confirmed on the easement exhibit the area that would need to be
secured in easement. Only the road area would need to be secured.
Mayor Droste asked City Attorney LeFevere to advise the Council Mr. LeFevere stated that
staff thought the agreement should be m place before the bids are awarded for the contract
When the plat was originally approved it was contingent on securing the piece of right-of-
way. The subdivision agreement refers to the agreement as a condition of the plat. Staff
needed council to have the means to acquire the property by condemnation if not acquired
by negotiations.
Mr Brotzler added more background to the Council from when the Glendalough area was
developing. There came a point in time that the City felt CPDC had an obhgation to extend
Connemara Trail out to STH 3 before any development could occur. The road extension
did happen in 2002 The property owned by CPDC as part of the Evermoor project was not
able to obtain a road easement across the Ostertag property. The City used eminent domain
to secure the right -of -way to make the road connection.
Council Member Sterner questioned the value of the subject easements versus the easements
off of County Road 38. Mr Brotzler responded the per square foot land value may be
similar but the agreement before you tonight for consideration is that all costs incurred by
the City would be the responsibility of Lundgren The agreement is to ensure that if the City
uses eminent domain the cost would be incurred by Lundgren Mr Brotzler added the
developer's best interest is to negotiate an easement acquisition as the cost will only nse.
Motion by Baxter Second by Shoe Corrigan.
Motion to approve the Development Agreement and authorize the necessary
signatures for receiving bids and awarding the contract for Glendalough 7" Street
and Utility Improvements, City Project #401
As a point of clarification, Mayor Droste noted there should be two separate motions.
Motion by Baxter. Second by Shoe Corrigan.
Motion to approve the Development Agreement and authorize the necessary
signatures.
Council Member Shoe Corngan consented to withdrawing the first motion. Council
Member Baxter withdrew the first motion.
Motion by Baxter. Second by Shoe Corngan.
Motion to approve the Development Agreement between the City of Rosemount
and U.S. Home Corporation, Inc. and authorize the necessary signatures.
Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste.
Nays: 0. Motion carried.
Motion by Baxter. Second by Shoe Corrigan
Motion to adopt a Resolution receiving bids and awarding the contract for
Glendalough 7 Street and Utility Improvements, City Project #401.
Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner.
Nays: 0. Motion carried.
ANNOUNCEMENTS
Mayor Droste noted the Utihty Commission meeting for June 12, 2006 has been cancelled.
Mr. Droste stated the upcoming meetings on the City calendar.
ADJOURNMENT
Mayor Droste moved to adjourn the meeting at 8:05 p.m. Second by Sterner. Ayes: 5.
Nays 0 The meeting was adjourned.
Respectfully submitted,
Amy Domeier,
City Clerk