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HomeMy WebLinkAbout6.b. Minutes of December 5, 2006 Regular City Council ProceedingsPursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 5, 2006, at 7:30 p m m the Council Chambers at City Hall, 2875 145` Street West. Mayor Droste called the meeting to order with Council Members Baxter, DeBettignies, Shoe-Corrigan and Sterner attending Staff members present were City Administrator Verbrugge, Assistant City Administrator Foster, Finance Director May, Community Development Director Lindquist, Pohce Chief Kalstabakken, Director of Parks and Recreation Schultz, Commumcanons Coordinator Cox and City Clerk Domeier. ADDITIONS TO AGENDA City Administrator Verbrugge stated the changes to'tlie Agenda mclude ari 'aMended memo for 6.c. 2007 Liquor License Renewals and the addition of the new item 9 d. Approval of Order to Remove Hazardous Conditions and /or Building. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with them adification to 6:c. and the addition of 9.d. Ayes: 5. Nays: 0. Motion'Carried. CONSENT AGENDA Council Member Baxter pulled item 6.c. Amended 2007 Liquor License Renewals. City Administrator Verbrugge pulled item 6,1a. Firefighter Rehef Association Benefits Ad Moti6 y DeBetngnie hoe- Corrigan. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motipii,to approve'tlie Consent Agenda with the removal of items 6.b. and 6.c. a. isting .r b. FircfigIiier RchcfAaaoc1an n Benefits Adjustment c Amendcd'2007 Liqu r Liccnsc Rencwala d. Appointment of Parks and Recreation Commission Member e. Appointments to St. Joseph's Church Task Force f. Tree City USA Recertification g. Final Payment #8, Harmony 2n Street and Utility Improvements, City Project #394 h. Acquisition of Easements Glendalough 7 Street and Utihty Improvements, City Project #401. 1. Union Pacific Easement Deed and Agreement, 04 -74 -LS Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. 6.b. Firefighter Relief Association Benefits Adjustment City Administrator Verbrugge requested a modification to the Bylaws Article VIII, Section 6, subsection a. The first sentence should be changed to read "The LUMP SUM PENSION AMOUNT... Mr. Verbrugge stated the Fire Relief Association is part of a step program to reach the State maximum benefits and pensions. The Relief Association requested an increase of $800 this year bringing the benefit level for 2006 to $6,100. He noted the state maximum benefit amount is $7,500. Motion by DeBettigmes. Second by Shoe Corrigan. Motion to increase the lump sum pension amount of $6,100 per year of service and to approve the amendment to the Firefighter's Relief Association Bylaws reflecting pension increases. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. 6.c. Amended 2007 Liquor License Renewals Council Member Baxter questioned the obligations of liquor license holders at the time of renewal and suggested the item be tabled to December 19, 2006 City Attorney LeFevere was concerned with continuing the item to December 19. He stated the item could be approved and any renewal in question be tabled. Council Member Baxter preferred to review the item as a whole and that a special meeting could be called should any timing problems develop. Motion by Baxter. Second by Sterner. Motion to table item 6 c to the December 19th meeting. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. REGULAR MEETING DECEMBER 5, 2006 PUBLIC HEARINGS 7.a. Scott Carver Dakota CAP Agency, Inc. Project Approving the Issuance and Sale of a Commerical Development Revenue Note. Finance Director May provided a brief background on the proposed project and financing for the Scott Carver Dakota CAP Agency project. The pubhc hearing is the City Council's last step in the process for the agency to work with the City m seaming the financing. He added that representatives from the CAP Agency were present to speak about the specifics of the project. Jane Kaminski, the Finance Director for the CAP Agency, stated that three years ago the CAP Agency purchased the building from the Dakota County CDA. The building was purchased on a Contract for Deed at 7.5% interest with Mark Ulfers from the CDA Wells Fargo has approached the agency and working together has created a tax exempt refinancing package with the City of Rosemount. The agency is requesting the $836,000 to pay off the Contract for Deed and some money will be used to repair roof damage and the remaining money will be used for carpet repairs and to repaint the building. City Administrator Verbrugge asked the CAP Agency to sh4.6 m t `about the CAP Agency services. Mary Sullivan, the Executive Director of the CAP Agency, stated the agency has been in Rosemount for three years and is a non -profit organization. Some of the programs provided by the agency include Head Start, senior dining home delivered meals, and the offering of fuel assistance Ms Sullivan stated there are approximately 35 employees located in the building and they partner with the faith community, the Salvation Army, and the local schools. She added the agency appreciated the City's support..; Council Member Shoe Corrigan questioned where facility is located. Ms. Sullivan stated the facility is located at 2496 145`" Street just east of Biscayne Avenue. Mayor Droste opened, the publie•heanng at 7:44 p.m. Motion by Droste. Secdnd by DeBettignies. M000i td =G1 the public hearing. Ayes: 5. Nays: 0. Motion carried. Council MembetDeBettignids confirmed the intent for the project is to lower the interest rates to allow for a c ost savings to the agency. Motion to adopt a Resolution Approving the Issuance and Sale of a Commercial Development Revenue Note, Series 2006 and Authorizing the Execution of Documents Relating Thereto (Scott Carver Dakota CAP Agency, Inc. Project). ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion Carried. (Resolution 2006 -119). OLD BUSINESS 8. a. Manufactured Home Park Text Amendment, 06 -05 -TA Community Development Director Lindquist reviewed the staff report and outlined the changes to the ordinance made as a result of the November 21 City Council discussions. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 She noted that language has been added to include that during the public hearing process the cap amount may be changed based upon testimony. Another change was made to address the issue of the City or County funds that are associated with potential relocation benefits. Council Member Shoe Corrigan questioned if staff was able to address Ms. Woodruff's concerns. Ms. Lmdquist responded that Ms. Woodruff s main concern was whether enough money was in place to purchase all the units based on their size or inability to relocate. Ms. Lindquist stated a provision was added m the ordinance allows for equal distribution based upon the reimbursement. The money will go into pool if all the funds are not distributed. Council Member Shoe Corrigan questioned who distributes the funds and manages the account. City Attorney LeFevere stated the sale of the property is going to generate the funds distribution. Mr LeFevere stated the buyer would make sure the disbursements take place and the hearing process will act as another safeguard. Council Member Baxter noted a building permit cannot be issued to the buyer if the funds have not been dispersed. Council Member Sterner stated he still preferred to see a cap of 30% or a minimum cap of 20% with the "reasonable language" also included. Mr. LeFevere stated a minimum cap does not appear to meet the intent of the legislation because the landowner would have to pay out even if the qualified expenses did not meetthe mmimuin. Council Member DeBettigrues added that language added to the ordinance has made it clear that the City will have the ability to increase or decrease the cap based upon testimony and evaluation of the situation at the time of a sale. Mayor Droste allowed for pubhrnment. Lynda Thurstin, 2913 -Upper 13$ St. W., Rosemount requested that the 25% cap be removed based upon her research of area mobile home parks it would be hard to relocate. She also requested that the homeowners receive compensation for the garages and sheds that they own. She stated they would lose out on their accessory building investments if the structures are not included m the ordinance. Barb Stanley, 13955 Bundoran Avenue, Rosemount stated the homeowners want to stay in Rosemount. The mobile park consists of single parents and senior citizens who may not pass a credit check to live in an apartment. She added the residents of the mobile home park are thankful for the City drafting an ordinance and showing true concern for the residents. Elias Damon, 13940 Bundoran, Rosemount, stated he moved into the mobile home park in 1996 and that his house is falling part and in need of constant repair but he hves on a hmited income. He added he has enjoyed the council conversation and being allowed to experience the council decisions on the matter. Council Member Baxter stated Rosemount Woods is an asset to the Community and he wants to keep it People can differ about the best way to do that but his analysis leads him to believe having a cap makes it a more enforceable ordinance and beheved the 25% is reasonable He added the ordinance was well drafted. He complimented Council Member Shoe Corrigan for crafting a good compromise m an open meeting and for making it a better ordinance. Council Member Sterner asked about Ms. Thurstin's comments segardmg the sheds and garages. Mr. LeFevere stated those expenses are not currently included in the draft ordinance for two reasons. One, it is unclear that this is the intent of the state statute since it specifically talks about the manufactured homes only. Secondly, if you include accessory structures as an ehgible expense, you further reduce the potential pool of other money to available to other people. He added the City firstpeeds to deal with the fundamental mobile home and making sure the homes are covered. Mayor Droste noted it may be cost prohibitive to move garages. Mayor Droste stated he likes the language m the ordinance as recommended and he would support it. Council Member DeBettignies questioned with the ordinance as drafted, the City would be able to not issue any building permits to a buyer until full obhgations have been met. Ms. Lindquist stated he was correct. Council Member Shoe Corrigan- stated that nobody is looking to buy the home park at this time. The ordmanceisibemg put in place to protect the home park residents m the event of a sale. Motion by Baxter.' Second by Shoe Corrigan. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion to approve an Ordinance amending the Manufactured Home Park Section of Zoning Ordinance and Ordinance creating the Manufactured Home Park Section of the Building and Property Maintenance Ordinance. Council Member Steiner stated his comfort level was not met and he would not support the motion without a minimum cap or no cap. Council Member Shoe Corrigan stated that during the pubhc hearing process the cap could be raised Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: Sterner. Motion carried. (Ordinance No. B -177 and Ordinance No.XXI.115) Motion by Baxter. Second by Shoe Corrigan. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion to adopt a Resolution authorizing publication of Ordinance No. B -177 amending Ordinance B, the Zoning Ordinance related to Section 11 -2 -19: Manufactured Home Park Requirements and Ordinance No. XXI.15 creating Section 9 -4 -8: Manufactured Home Park of the Building and Property Maintenance Ordinance. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, B Nays: None. Motion carried. (Resolution 2006 -120) NEW BUSINESS 9.a. Approval of 2007 Budget: Setting 2007 Levies and Budgets Finance Director May stated five residents attended the Truth- m- Taxationhearing held on December 4, 2006. Of those five, four people provided comments on the budget. Mt. May explained the resolutions for consideration in setting the 2007 levies and budgets for the City. Council Member Baxter stated the City.Council and City staffspend a lot of time on the budgets and come from different angles and they work hard to get the budget close to right. He pointed out that Mr. May and members of his do an excellent job in explaining the budget process to the City Council. He thanked and coinplimedted City Administrator Verbrugge and the department heads for their hard work and cooperation. He added the City Council is united on Lowering the tax rate for the City and to keep services at a high leveL Mr. Verbrugge reviewed the highlights Of the budget and stated the City makes every effort to provide communication about the budget by newspaper columns and through the City website. The proposed budget that the City Council is going to take action on is a budget driven by the slowmg housing market which has caused a significant fall off in building permit revenues The City is also movmg to a consohdated joint dispatch with Dakota County so there have been operation obligations that have increased significantly along with the capital investment. He added the City is also seeing an mcreased need to financially assist m the arena operations. He further stated the City will hold the line on the services to the community and did note that no new staff are being added. The City is seeing a 2.8% reduction m their tax rate. Motion by DeBettignies. Second by Sterner. Motion to adopt a Resolution Approving the 2007 General Fund Operating Budget, the 2007 Capital Improvement Program (CIP) Budgets, the 2007 Insurance Budget and the 2007 Levy Required by the City of Rosemount. Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: None. Motion carried. (Resolution 2006 -121) Motion by DeBettignies. Second by Shoe Corrigan. Motion to adopt a Resolution Levying a Tax for Construction of State Armory Buildmg. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: None. Motion carried. (Resolution 2006 -122) Motion by DeBettignies. Second by Baxter. Motion to adopt a Resolution Approving a Spice Tax Levy for of an Armory. Ayes: Droste, Sterner, Baxter, DeBettignies, ShoalCorrigan. Nays: None. Motion carried. (Resolution 2006 -123) 9.b. Resolution of Approval for CDBG Application. Community Development Director Lindquist stated every year"tfie City is required to apply for CDBG funds. This year, staff has recommended the funds be allocated to the single family housing rehab revolving fund admimstered by the CDA. Council Member Sterner questioned who could access the funds. Ms. Lindquist responded the program is based dpon income. She further stated that loan program information is available in the City's quarterly newsletter. Motion b er.; `Second byShoe- Corrigan. Motion to approve draft resolution for the CDBG apphcation. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe Corrigan. Nays: None. Motion carried. (Resolution 2006 -124) 9.c. Resolution of Approval for Redevelopment Incentive Grant Community Development Director Lindquist stated the CDA recently implemented a grant program for redevelopment within the County. City staff has apphed for acquisition of the car wash property within Core Block East. As part of the process, the City is required to pass a resolution in support. Motion by Baxter. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 City Administrator Verbrugge stated the City has contractually arranged with the CDA to adtnuuster the CDBG funds. Mayor Droste added that cities often use the funds for redeveloping bhght properties ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Motion to approve the resolution approving the apphcation for the Redevelopment Incentive Grant. Ayes: Sterner, Baxter, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. (Resolution 2006 -125) 9.d. Approval of Order to Remove Hazardous Conditions andlor Building. Community Development Director Lindquist provided the City Council with a picture of the damage at the subject property. The property has been deemed to contain a hazardous structure due to a recent fire. Staff is requesting that the City Council move forward with an order requesting the removal of the hazardous structure. She stated the order would allow the City to have the building removed and the removal fees would be assessed to the property owner. By approving the order, the process for removal could be started immediately. Council Member Sterner questioned if there were any issues with the suspicion of the fire or if the insurance company was still settling the matter. Ms. Lindquist stated the City is not privy to the insurance information. City Administrator Verbru 6 stated the fire was caused by a heater m the garage and has been determined to be an accidental fire Council Member Shoe Corrigan questioned if there has been enough time allowed to the collect insurance many and to have the site cleaned up. Mayor Droste stated the subject site has been a code enforcement issue for a long time. Calls were received from-neighbors next to the property who were extremely alarmed and pleaded with the City to take action. Mayor Droste added the residents believe it is a public safety issue.. He added that while the process may be aggressive it stems from festering issues. City Attorney LeFevere added the issue can be taken to Court. The hazardous building would be removed at the City's expense and charged back to the property owner. Council Member Baxter stated 30 clays is adequate time to handle a residential fire. Council Member DeBettignies stated the resident would also have another 30 days from the date of motion to clean up the site. Motion by Shoe Corrigan. Second by Baxter. Motion t Approve Order to Remove Hazardous Building and Refuse. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays: None. Motion carried. ANNOUNCEMENTS City Administrator Verbrugge stated that City Hall is a drop site for Toys for Tots donations through December 21. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING DECEMBER 5, 2006 Mayor Droste reviewed the City calendar of meetings for December. The next regularly scheduled City Council meeting will be held on December 19. ADJOURNMENT There being no further business to come before the City Council, Mayor Droste moved to adjourn the meeting and 8:43 p.m., Second by Sterner. Amy D eier, City Clerk