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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