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HomeMy WebLinkAbout6.a. Minutes of the May 18, 2010 City Council Meeting Proceedings(P.A. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, May 18, 2010 at 7:30 p.m. in the Council Chambers at City Hall, 2875 145`h Street West, Rosemount. Mayor Droste called the meeting to order with Council Members DeBettignies, Bills and Shoe - Corrigan attending. Staff members present included Finance Director May, Communications Coordinator Cox, City Clerk Domeier, Project Engineer Olson, Director of Public Works /City Engineer Brotzler, Director of Parks and Recreation Schultz, City Administrator Johnson, City Attorney LeFevere and Chief of Police Kalstabakken. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated the additions to Public Hearing item 7.b. Receive Bids /Award Contract — Adopt Assessment Roll — 2010 Street Improvement Project, City Project #428. Motion by Droste. Second by DeBettignies. Motion to adopt the agenda with the additional information for 7.b. Ayes: 4 Nays: 0. Absent: Weisensel. Motion carried. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGEMENTS 3.a. Recognition of Destination ImagiNation at Shannon Park Elementary School Mayor Droste presented certificates of commendation to the Shannon Park Elementary School students. 3.b. Presentation and Acceptance of 2009 Comprehensive Annual Finance Report (CAFR) Finance Director May provided a summary of the 2009 City of Rosemount's 2009 CAFR. Jim Murray of Baker Tilly explained the results of the audit and financial statement to the City Council. Discussion was held regarding the City's revenue stream, bond rating, fund balance and economic conditions. Motion by DeBettignies. Second by Bills. Motion to adopt a Resolution Accepting the 2009 Comprehensive Annual Financial Report. Ayes: DeBettignies, Shoe - Corrigan, Droste, Bills Nays: 0. Absent: Weisensel. Motion carried. (Resolution 2010 -35) CONSENT AGENDA Mayor Droste requested that item 6.g. Authorize Purchase of Emergency Warning Sirens be pulled for public information. Motion by DeBettignies. Second by Shoe - Corrigan. Motion to approve the Consent Agenda with removal of item 6.g. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 a. Minutes of the April 14, 2010 City Council Work Session Proceedings b. Bills Listing c. Charitable Gambling Premise Permit — RAAA (Resolution 2010 -36) d. Receive Donations — Parks & Recreation Dept. e. Expenditure Approval from the Donation Account — Parks & Recreation Dept. f. Elimination of Tiny Tots Instructor Position Ayes: Shoe - Corrigan, Droste, Bills, DeBettignies Nays: None. Absent: Weisensel. Motion carried. 6.g. Authorize Purchase of Emergency Warning Sirens Chief of Police Kalstabakken summarized the information provided in the staff report. Mr. Kalstabakken recommended the purchase of five emergency warning sirens. Motion by Shoe - Corrigan. Second by DeBettignies. Ayes: Droste, Bills, DeBettignies, Shoe - Corrigan Nays: None. Absent: Weisensel. Motion carried. PUBLIC HEARINGS 7.a. Drainage and Utility Easement Vacation Project Engineer Olson provided a summary of the staff report. The applicants at 13631 Birnamwood Trail requested that the City vacate a portion of the existing drainage and utility easement to accommodate the construction of an in- ground swimming pool. Council Member Bills questioned the drainage impacts to surrounding residents. Mr. Olson explained that the drainage proposed would not have direct impacts. Director of Public Works /City Engineer Brotzler added that the change would not be allowed if it did not meet the conditions of how the original piece of land was platted. Mayor Droste opened the public hearing. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: Bills, DeBettignies, Shoe - Corrigan, Droste Nays: 0. Absent: Weisensel. Motion carried. Motion by Bills. Second by DeBettignies. Motion to adopt a resolution causing easement vacation in Lot 3, Block 3 Biscayne Pointe Fifth Addition. Ayes: DeBettignies, Shoe - Corrigan, Droste, Bills Nays: None. Absent: Weisensel. Motion carried. (Resolution 2010 -37) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 7.b. Receive Bids /Award Contract — Adopt Assessment Roll — 2010 Street Improvement Project, City Project #428 Director of Public Works /City Engineer Brotzler provided background of City Project #428. He also provided an overview of the bids received, project improvements, public informational meetings, assessments and schedule. Mr. Brotzler explained that the assessment would be levied over a 10 year period. Property owners have until July 31, 2010 to pay the assessment in full without interest before the assessments would be certified. He noted that the proposed interest rate is 4.9 %. City Attorney LeFevere stated that improvements and special assessments were separate hearings. He explained the process for holding the hearings. He added that in order for property owners to appeal their assessment an objections must be filed with the City Clerk. City Administrator Johnson noted that the first motion required a super majority vote. Council Member DeBettignies questioned the pedestrian crossings at 137`h Street. Mr. Brotzler explained that a crosswalk was currently located at 137`h Street. The new proposal is to continue the sidewalk north along the west side of Shannon Parkway. He added that the goal was to concentrate the crossing of Shannon Parkway at one location. He provided more information on the existing crosswalk at Daffodil Parkway where an enhanced crosswalk would be added. Mayor Droste added that the additional sidewalk will provide access to the bus stops. Council Member Bills requested that staff explain the process for determining the criteria for replacing roads. Mr. Brotzler explained the Pavement Management Plan parameters including the overall condition index. He provided further details on the condition indexes for the roads included in the proposed improvements. Council Member Bills questioned the average reduction in replacement costs over the past year. Mr. Brotzler estimated that the costs were reduced by 20 -30 %. Mayor Droste opened the Public Hearing regarding ordering the project. Karen Maki, 14042 Delta Avenue, Rosemount, questioned the restoration of the current landscaping and irrigation system at her residence. Mr. Brotzler replied that all cost associated with removing and replacing landscaping, irrigation systems and electric dog fences will be the responsibility of the contractor and a project cost. Trees scheduled for removal will be replaced with the project on private property in coordination with property owners. Jim Sample, 4450 138`h Ct. W., Rosemount, commended Director of Public Works /City Engineer Brotzler on the thorough presentation about the plan. Mr. Sample had questions related to the overlay into Le Foret. Mr. Brotzler explained that the overlay was expected to last 15 to 20 years depending upon the type of distresses in the road. He also provided more information on the street rating for the Le Foret area. Steve Murtell, 14030 Delta Avenue, Rosemount, raised concerns about the proposed sidewalk in his neighborhood. He stated that during meetings last fall a surveyor explained there would be significant problems with the sidewalk at his property. Mr. Brotzler explained that during the public informational meetings last fall the final detailed field and design work was not complete. He explained the grading issues for the driveways along Delta Avenue. Project Engineer Olson added that a fire hydrant was located on the property line next to a large transmission feed that would be moved a few feet back. He added that there should not be any impacts to the water or sewer lines. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 Mr. Brotzler added that staff would be more than happy to meet with the property owner on site and review the details. Deborah Holtman, 14125 Dearborn Path, Rosemount, stated that last summer she applied for a permit to tear up their driveway and put in a new one. She was not informed about this project when applying for the permit. Mr. Brotzler explained that the discussions for the proposed project began in late July, 2009. He explained the installation of the concrete apron and added that the driveway is only replaced if the project warrants replacement. Council Member Bills questioned the process for informing residents of a pending project. Mr. Brotzler stated that the City maintains a 10 -year CIP plan and in 2009 the City was on the last year of a 5 -year pavement management plan. The 2010 Street Improvement Project being considered was formally initiated by Council in September 2009. Jim Dreyling, 13651 Shannon Parkway, Rosemount, questioned how the project would improve his property value when the taxes have doubled. Mayor Droste stated that the question would be addressed during the next hearing. Mike Thompson, 13587 Dellwood Way, Rosemount, stated that sidewalks and road widening was fine for buses and traffic but questioned why sidewalks were needed on both sides of the road. Mr. Brotzler responded that if the City were to build to a collector street today it would be built with a trail and sidewalk on each side of the road. The objective is to provide access to pedestrians along collector streets to provide interconnectivity of trail and sidewalk systems throughout the city. A City Council goal has been to improve the pedestrian networks. Some initiatives include the active living and safe routes to school programs. Mayor Droste provided background on the addition of sidewalks to Shannon Parkway. Council Member Shoe - Corrigan added that the Parks Commission is the forefront of laying out our street system. She added that open houses and workshops were held to educate the public. Mr. Brotzler explained more about the definition of a collector street. Nancy Carlson, 13987 Delta Place, Rosemount, questioned if sidewalks would be added to the north side of Connemara Trail. Mr. Brotzler replied yes. Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: Shoe - Corrigan, Droste, Bills, DeBettignies Nays: None. Absent: Weisensel. Motion carried. Council Member Shoe - Corrigan was glad to see the residents in attendance and asked staff to provide more information about the past history for replacing sidewalks and streets. Mr. Brotzler provided information on the sidewalk plan adopted in 2005. He also provided more information about the pedestrian improvements programming, needs and funding. Council Member Shoe - Corrigan added that it was important for staff to work with the residents individually even though some of the trees were planted in the public right -of -ways. Motion by DeBettignies. Second by Shoe - Corrigan. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 Motion to Adopt a Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for the 2010 Street Improvements Project, City Project #428. Ayes: Droste, Bills, DeBettignies, Shoe - Corrigan. Nays: None. Absent: Weisensel. Motion carried. (Resolution 2010 -38) Public Hearing for Assessment Component. Mayor Droste opened the Public Hearing for the adopting of assessment roll. Linda Thompson, 13587 Dellwood Way, Rosemount, stated that Shannon Parkway is a community road and because of that more than three subdivisions should be assessed for the improvements. Mr. Brotzler stated that during his presentation he talked about the fact that on a local street the residents are assessed 35% of the cost. He added that the other 65% of the improvements are funded by all the other tax payers in Rosemount. The notice that the City is required to send out identified all of the improvements of the project and the calculation of the assessments. Andrea, 13370 Daffodil Path, Rosemount, stated this was the first time her property has been assessed. She questioned if the 35% of the assessment was being distributed through the neighborhoods and the rest was paid for by the taxpayers. Mr. Brotzler confirmed the breakdown of assessments. Karla Vehrs, Attorney at Lindquist and Vennum, represented seven owners of rural portion of Shannon Parkway. She stated that her clients object to the proposed assessment of nearly $7,000 because it was out of line for the amount of benefit they can expect to receive. She quoted from Statute 429.051 that the assessment must be based on the value of the benefits actually received by the property owners. She stated there were problems with the appraisal received. She did not believe the appraisal would stand up to further scrutiny because several of the comparables and sample sizes were far to small and did not include roads that serve as major thoroughfares and carry heavy traffic. Ms. Vehrs added that the small sample sizes fail to account for the quantitative differences that come up on property owners over the many years. The proposed improvement will increase traffic and decrease property values. She urged the City Council to reevaluate the amounts being assessed to the 13 lots. Mayor Droste requested more information on the appraisal of benefits. Mr. Brotzler stated that City Attorney LeFevere was involved in selecting an appraiser. The appraiser chosen has done a significant amount of work in Dakota County and metro area. Mr. LeFevere added that the appraisal was broader in scope and was not an appraisal for a single property but instead used to determine a range of benefits for a specific neighborhood. Individual appraisals would be needed if the assessments go to trial. Mr. Brotzler noted that the assessment calculation formula is fairly defined and stipulates that the City will calculate assessments in a fair, equitable and consistent manner. By state law, the City is only required to have appraisals completed if a property owner legally appeals. He added that the City followed its rules, processes and formulas when calculating the assessments. We decided to have this special benefit consultation prepared to determine what the benefit there was to have and if it were considered less than the proposed assessment there ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 would be basis to deviate from the City formula. Mr. LeFevere stated that it would be a more accurate process if the City started with a benefit appraisal for every property owner but it would increase property owner project costs and be impractical. Cities start with a formula depending upon the nature of the project and neighborhood. The formula cannot be arbitrary. If the formula results in a benefit greater than the value the City cannot legally assess any more and must reduce the level of the special benefit. Ms. Vehr stated she did not expect an appraisal be performed on every property. She explained that the different unit assessments were out of line. She did not doubt the qualifications of the appraisal firm but urged the City Council to read through the appraisals very carefully to examine the merits. She added that her clients will take further action if necessary. Mr. Brotzler stated that the project includes a wide range of parcels in size. The front foot rate is less than what was charged to single family properties in 2008 which is a reflection of the bid prices. Ms Vehr stated that was no correlation between lot sizes. Jim Sample, 4450 138' Ct. W., Rosemount, questioned City funded portions of the project. Mr. Brotzler stated the City will be funding the sidewalks, bike paths, and the extra width costs for Shannon Parkway as it provides a regional benefit. Discussion was held with Mr. Sample regarding the zoning of the project and relation to the 2030 Comprehensive Plan. Mr. Sample also questioned when the gravel road north of 138`h Court would be paved. Mr. Brotzler replied that the City Council adopted a policy for improving gravel roads that states 100% of the improvement costs would be assessed. Mr. Sample questioned the overlay project within his neighborhood. Mr. Brotzler stated that the overlay now is part of making appropriate investments to extend the life of the road before a complete reconstruct is needed. Jeanne Gau, 12861 Shannon Parkway, stated that seven property owners collectively signed objections for the assessment and that seven more decided against filing objections because they feared future retaliation by the City Council. She asked the City Council to look at the rural residential areas versus the higher density residential and the amount of usage on the roads. Council Member Shoe - Corrigan stated that she lives in the same rural residential neighborhood. She had never heard of residents fearing retaliation. She has been involved with the Planning Commission and City Council for 15 years and has never known a City Council to react to assessments appealed. Residents have commented to her that it is fair and their duty to pay for assessments. She added that residents have the right to object. Ms. Gau stated she tried to contact Council Member Shoe - Corrigan three times. Council Member Shoe - Corrigan stated she only received one message from Ms. Gau and had a conversation with Ms. Gau on the street. Mayor Droste explained the process for residents wanting to file objections. Mr. Brotzler added that the City Clerk had available objection forms for signing anytime before the hearing was closed. Mr. Sample questioned if he could sign an objection his neighbor's behalf. Mr. LeFevere explained that the statute requires that property owner must sign the objection. He cautioned that Mr. Sample signing the objection for his neighbor may not be legally sufficient. The Objections filed with the City Clerk and on record included: Thompson, Sample, and Sample for Norder. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 Motion by Droste. Second by DeBettignies. Motion to close the Public Hearing. Ayes: Droste, Bills, DeBettignies, Shoe - Corrigan Nays: None. Absent: Weisensel. Motion carried. Discussion held about the cost of the appraisal. Mr. Brotzler explained that the cost depends upon the scope of the appraisal. Commissioner Bills questioned the hardships on residents who cannot afford to pay the assessments. Mr. Brotzler stated that the City does have an assessment deferral program. After explaining more about the program he added that the application is available through the Engineering Department. Motion by DeBettignies. Second by Shoe - Corrigan. Motion to Adopt a Resolution Adopting the Assessment Roll for the 2010 Street Improvement Project, City Project #428. Council Member Bills stated the City has a program for assessments in place and that the City Council has worked very hard to pay down debt and be fiscally responsible. Ayes: Bills, DeBettignies, Shoe - Corrigan, Droste Nays: None. Absent: Weisensel. Motion carried. (Resolution 2010 -39) Mr. Brotzler provided a summary of the bids received. Motion by Shoe - Corrigan. Second by DeBettignies. Motion to Adopt a Resolution Receiving Bids and Awarding Contract for the 2010 Street Improvement Project, City Project #428. Ayes: DeBettignies, Shoe - Corrigan, Droste, Bills Nays: None. Absent: Weisensel. Motion carried. (Resolution 2010 -40) ANNOUNCEMENTS Mayor Droste reviewed the calendar of events. The next City Council meeting will be held on June 1, 2010. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS MAY 18, 2010 ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Bills, the meeting was adjourned at 10:35 p.m. Respectfully Submitted, Amy Domeier, City Clerk