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