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HomeMy WebLinkAbout6.b. Minutes of the December 18, 2007 City Council Work Proceedings ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 CALL TO ORDER Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, December 18, 2007, 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 Baxter, DeBettignies and Sterner attending. Council Member Shoe Corrigan was absent. Staff members present included City Administrator Verbrugge, Director of Parks and Recreation Schultz, Finance Director May, Police Chief Kalstabakken, Community Development Director Lindquist, Assistant City Administrator Foster, City Engineer Brotzler, Project Engineer Dawley, City Attorney LeFevere, Communications Coordinator Cox and City Clerk Domeier. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Verbrugge stated there was additional information for item 9.d. Mayor Droste added that he would provide an update on the Livable Communities Grant as item 5.a. Motion by Droste. Second by Sterner. Motion to adopt the Agenda with additional information for 9.d. and item under 5.a. Ayes: 4 Nays: 0. Absent: Shoe Corrigan. Motion carried. DEPARTMENTAL REPORTS /BUSINESS 5.a. Livable Communities Grant Mayor Droste announced that on December 12 the City of Rosemount received a grant for over $1.5 million dollars. The LCA was created by the State legislature in 1995 to be administered by the Metropolitan Council. The LCA provides funding to communities to reinvest in their communities. He provided more background on the LCA program and grants. Mayor Droste stated the grant will be used on the Downtown project. He thanked Community Development Director Lindquist, City Engineer Brotzler, Communications Coordinator Cox and Senior Planner Zweber for putting together the grant application. He noted that most of the money would go towards infrastructure costs in the Downtown. He stated the City was very appreciative of the Met Council's approval. CONSENT AGENDA Council Member Sterner pulled items 6.h., p., q. and x and Mayor Droste pulled item 6.o. for further discussion. Motion by DeBettignies. Second by Sterner. Motion to Approve the Consent Agenda with the removal of items 6.h., o., p., q., and x. a. Minutes of the November 7, 2007 City Council Special Meeting Proceedings ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 b. Minutes of the November 7, 2007 Special Work Session Proceedings c. Minutes of the December 3, 2007 City Council Proceedings d. Minutes of the December 4, 2007 City Council Proceedings e. Bills Listing f. Expenditure Approval from the Donation Account Parks Recreation Dept. g. Budget Amendments (Resolution 2007 -115) h. Tranafcr of Deputy Rcgiatrar Office to Dakota County i. 2008 Liquor License Renewal j. Second Reading and Adoption: Liquor Ordinance Update k. On Public Premise Liquor Licenses 1. Firefighter Relief Association Benefits Adjustment m. 2008 Schedule of Rates and Fees (Resolution 2007 -116) n. 2008 Solid Waste Haulers Licenses o. Trcc City USA Recertification p. Receive Feasibility Rcport /Sct Public Hcaring 2008 Strcct Improvemcnts Projcct, City Projcct #118 q. Coat Share Agreement Prestwick Place, City Projcct #409 r. Final Payment #8 JJT Business Park Street and Utility Improvements, City Project 402 s. Final Payment #8 Crosscroft 3r Street and Utility Improvements, City Project #403 t. Payment #13 Final Old County Road 38/132n Court West Street and Utility hmprovements, City Project #387 u. Resolution of Approval for CDBG Application (Resolution 2007 -117) v. Vesterra, LLC and Stonex, LLC Mineral Extraction Permit Renewals, 07 -43 -ME w. Shafer Contracting Mineral Extraction Permit Renewal, Case 07 -42 -ME x. Evcrmoor Crosscroft y Addition Major Planned Unit Development Amendment (D.R. Horton, Inc.), Casc 07 38 AMD y. Lennar Corporation Glendalough Minor Planned Unit Development (PUD) Amendment, Case 07 -44 -AMD (Resolution 2007 -118) Ayes: Droste, Sterner, Baxter, DeBettignies Nays: None. Absent: Shoe Corrigan. Motion carried. 6.h. Transfer of Deputy Registrar Office to Dakota County Council Member Sterner stated he was not comfortable supporting the moving of the Deputy Registrar's office. He stated at City Hall they do a good job of offering customer service and that it brings in revenue for the City. Finance Director May stated that the Deputy Registrar services have been provided at City Hall for over 20 years. In that time, citizens have approached the City about buying the business. The only way to transfer the title would be to another government agency since the State would not allow a private enterprise to take it over. He stated the service has never been a money maker but has been a benefit to residents. Once the service is allowed at the new library residents will be able to renew their driver's licenses which is a benefit currently not offered in Rosemount. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 City Administrator Verbrugge stated that the direction given by the City Council was to convey the license tab issuance to Dakota County. The new library was planned with the Deputy Registrar space as part of the construction. Council Member DeBettignies stated that the service to residents will be enhanced by the transfer. He stated the deal was well planned and a move he supported. Motion by DeBettignies. Second by Baxter. Motion to adopt A Resolution Resigning the Appointment as Deputy Registrar. Ayes: Droste, Baxter, DeBettignies. Nays: Sterner. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 -119) 6.o. Tree City USA Recertification Mayor Droste pulled the item to talk about the buck thorn and emerald ash borer tree diseases that are prevalent throughout Dakota County. He stated the City recognizes Arbor Day in the spring and the City Council should have discussion regarding the two tree diseases. He shared data about tree diseases and directed staff to schedule discussion on the issue at a future work session. He also wanted the public to become more informed when doing a mailer about Arbor Day. Motion by Droste. Second by Sterner. Motion to approve the application for recertification for the Tree City USA award. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. 6.p. Receive Feasibility Report/Set Public Hearing -2008 Street Improvements Project, City Project #418 Council Member Sterner pulled the item because his house in located on the street that is part of the improvement project. He stated that while he supports the project he would abstain from voting on the item. Motion by Baxter. Second by DeBettignies. Motion to Adopt a Resolution Receiving the Feasibility Report and Setting a Public Hearing for the 2008 Street Improvement Project, City Project #418. Ayes: Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Abstain: Sterner. Motion carried. (Resolution 2007 -120) 6.q. Cost Share Agreement Prestwick Place, City Project #409 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Council Member Sterner requested more information about the project. City Engineer Brotzler stated it was a proposed Cost Share Agreement for future improvements with the Prestwick Place development. He stated the goal was to identify future funding obligations of the parties involved in the overall project. The parties included Arcon, Pemtom, Akron42, US Homes and Dakota County CDA. Motion by Sterner. Second by Baxter. Motion to Enter into a Cost Share Agreement for Prestwick Place, City Project #409, and Authorize the Necessary Signatures Subject to Final Review by the City Administrator and City Attorney. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. 6.x. Evermoor Crosscroft 3rd Addition Major Planned Unit Development Amendment (D.R. Horton, Inc.), Case 07- 38 -AMD Motion by Sterner. Second by Droste. Motion to move the item to the January 2 meeting due to concerns by Council Members Sterner and Shoe Corrigan. Council Member DeBettignies questioned the concerns of Council Member Sterner. Council Member Sterner stated his concerns with the changes to the plan and to the impervious surface coverage. He did not see a benefit to the City to allow any changes. City Administrator Verbrugge stated that Council Member Shoe Corrigan expressed similar concerns about the impervious surface and also asked that the item be continued. Mayor Droste questioned if the continuation would affect the 60 day timeline. Community Development Lindquist stated that the applicant was available to answer any questions or concerns. City Attorney LeFevere explained the rules regarding the 60 day law. Ms. Lindquist stated she did not have the application information with her to confirm what day the City received the request. She did note that the applicant could verbally agree to the extension. Ron Mullenbach with DR Horton stated that while he preferred action be taken at the meeting he would agree to the January 2 extension. Ayes: Droste, Sterner, DeBettignies Nays: Baxter. Absent: Shoe Corrigan. Motion carried. NEW BUSINESS 9.a. Approval of an Ordinance Amending Title 9 of the City Code, Adding Chapter 8 Relating to Rental Licensing and Inspection Community Development Director Lindquist stated the program would involve the building division inspecting rental properties every two years along with a licensing requirement. She ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 added that there was a tenant conduct provision associated with the rental of units. Revisions were made to the verbiage based upon direction from the last work session. Ms. Lindquist stated that staff received a few calls since the letter and draft ordinance was sent to non homesteaded properties. Some residents were not overly happy about the ordinance but showed more concern about the implementation and what it meant to the landlords. She added that the City received formal comments from the multi- housing program. Ms. Lindquist stated that the second reading would be held on January 2, 2008. After the ordinance is adopted, staff will send out letters to property owners to set up inspections along with a copy of the final ordinance. Council Member DeBettignies questioned the penalties language and if a tenant were not to be licensed one year are the penalties retroactive. He questioned if the penalties are case by case and if previous years are wiped out. City Attorney LeFevere stated that not having a license is only one of the violations a landlord could be guilty of and noted a landlord may get a new license and be subject to past penalties. He stated that similar to any other code violation you start with the education about obtaining a license. He compared the process to obtaining a solicitor's license. Ms. Lindquist added that staff has told landlords they would be conservative in their enforcement. In code enforcement the City staff uses their best judgment all the time in moving forward with a violation. Mr. LeFevere noted there was staff discretion but that some issues could come before the City Council. Council Member Sterner questioned if the fees would be prorated. Ms. Lindquist stated the fee was nominal and did not cover all of the administration time. She explained the cost for the housing associations and the per unit basis noting that larger units would cost more. Chief of Police Kalstabakken stated that a 96 townhouse unit owned by one owner was the largest rental complex in the city at this time. Mayor Droste questioned if a license and lease would be required if a parent allowed adult children to live in their home. Ms. Lindquist replied that any formal lease would require a rental license. Mr. LeFevere stated at times there may be an oral lease. Whether it's family or not if you make a dwelling available and you are not renting you wouldn't require a license. He stated there would always be a gray area. Council Member Sterner talked about allowing transfers of the rental license. The ordinance specifically does not allow transfer. Motion by Baxter. Second by Sterner. Motion to Hold the First Reading of the Ordinance. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 9.b. Receive Feasibility Report/Authorize Plans and Specifications Akron Avenue Trunk Utility and Railroad Improvements, City Project #417 Project Engineer Dawley provided an overview of the proposed improvements. The improvements included the proposed extension of trunk sanitary sewer and water facilities along Akron Avenue, improvements to the at -grade railroad crossing on Akron Avenue and the construction of the MCES sewer interceptor line. Council Member Baxter questioned the cost of the easements and who the City would be getting easements from. City Engineer Brotzler stated that the easements were listed in the report. The goal is that the developer /property owners along the corridor will work with us to provide the necessary easements without compensation. He added that the alignment proposed was within the existing county road easement by prescriptive rights. Motion by Sterner. Second by Baxter. Motion to Adopt a Resolution Receiving the Feasibility Report and Authorizing the Preparation of Plans and Specifications for Akron Avenue Trunk Utility and Railroad Improvements, City Project #417. Ayes: Sterner, Baxter, DeBettignies, Droste Nays: None. Absent: Shoe Corrigan. Motion carried. (Resolution 2007 -121) 9.c. First Reading of an Ordinance Amendment to the FTTH Cable Franchise City Administrator Verbrugge requested that the City Council conduct the first reading of the ordinance amendment and schedule the second reading for January 2, 2008. He provided the background of the franchise granted to in 2002. The cause for the amendment was required by the operator to revise the build out schedule. Motion by Baxter. Second by Sterner. Motion to Conduct the first reading. Ayes: Baxter, DeBettignies, Droste, Sterner Nays: None. Absent: Shoe Corrigan. Motion carried. 9.d. Frontier Wireless Agreement City Administrator Verbrugge stated that legal counsel has been working with staff and Frontier's legal counsel to draft an attachment agreement. He stated two outstanding issues. The first was working out the technical specifications regarding the interference which may affect the scada radio system. Secondly, he shared concerns about Frontier deleting the most favored nation's clause. Council Member Baxter stated that Frontier provided a good presentation at the work session and he thought it seemed like a good deal. He did not feel the same sense of cooperation now that he got at the work session. He stated it was a big deal that the clause was coming out of the contract. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2007 Mike Flynn with Frontier hoped the removal of the clause did not take Frontier off the track. His commitment was to work very hard to deliver everything they had promised and more. He added that Central Park would be included in the services provided and Frontier will work hard to make sure Rosemount gets everything it expects. He stated that Rosemount has worked extremely well with Frontier. Mr. Verbrugge stated the City's expectations were that the wireless installation would be done in the proposed commercial areas along County 42 and the Downtown and in the future may expand to residential properties. Mayor Droste added that the requirements from the City will allow Frontier to add equipment items to street lights and water towers. He stated there would be no financial involvement from the City. He also agreed with Baxter and recommended that a motion be made as presented before the City subject to legal counsel working out the technical specifications and an acceptable most favored nation's clause. DeBettignies offered a friendly amendment to add under legal and staff discretion. Ayes: DeBettignies, Droste, Sterner, Baxter Nays: None. Absent: Shoe Corrigan. Motion carried. ANNOUNCEMENTS Mayor Droste announced the upcoming City meetings. The next regularly scheduled City Council meeting will be held on January 2, 2008. He wished everyone a safe and prosperous holiday season. ADJOURNMENT There being no further business to come before the City Council and upon Motion by Droste and Second by Sterner the meeting was adjourned at 9:13 p.m. Respectfully Submitted, Amy Domeier, City Clerk