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HomeMy WebLinkAbout20121218 CCM RMROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2012 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was held on Tuesday, December 18, 2012 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, Weisensel, Shoe - Corrigan and Kearney attending. Staff present included City Administrator Johnson, Senior Planner Zweber, Community Development Director Lindquist, Finance Director May, City Clerk Domeier, Chief of Police Werner, Director of Public Works /City Engineer Brotzler, Director of Parks and Recreation Schultz and City Attorney LeFevere. The Pledge of Allegiance was said. ADDITIONS OR CORRECTIONS TO AGENDA City Administrator Johnson stated that were no additions or corrections. Motion by Droste. Second by DeBettignies. Motion to Adopt the Agenda Ayes: 5 Nays: 0. Motion carried. CONSENT AGENDA Motion by Weisensel. Second by DeBettignies. Motion to Approve the Consent Agenda. a. Minutes of the October 10, 2012 Work Session Proceedings b. Minutes of the November 14, 2012 Work Session Proceedings c. Minutes of the November 20, 2012 Regular Meeting Proceedings d. Bills Listing e. Approval of 2013 Liquor License Renewals f. Set Special Meeting Date: January 2, 2013 g. Budget Amendments (Resolution 2012 -102) h. 2013 Solid Waste Haulers Licenses i. Tree City USA Recertification j. Request by SKB Environmental for a Mineral Extraction Permit at the Otto Ped /Grace Kuzma Properties k. Approval of the 2013 Schedule of Rates and Fees (Resolution 2012 -103) 1. Resolution of Approval for CDBG Application (Resolution 2012 -104) m. Dakota County Amendment to JPA — Flint Hills Ravine Stabilization, ENG 0055 n. Payment 8 & Final — Prestwick Place Yd Street and Utility Improvements, City Project 436 o. Renewal by Shafer Contracting to Renew their Mineral Extraction Permit through 2013, Case 12 -33 -ME p. Renewal of Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2013, 12-32 - ME Ayes: DeBettignies, Shoe - Corrigan, Droste, Weisensel, Kearney ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2012 Nays: None. Motion carried. PUBLIC HEARINGS 7.a. Wellhead Protection Plan, Part 2 Director of Public Works /City Engineer Brotzler provide the background of the project. Nancy Ziegler of WSB & Associates provided a presentation with a summary of the information provided within the staff report. Mayor Droste questioned who maintained the official database for all wells. Ms. Ziegler replied that Dakota County has the database. Council Member Weisensel pointed out that on Figure 1 the DWSMA location did not include all of Rosemount and questioned any concerns related to that. Discussion was held about the DWSMA. Ms. Ziegler also explained that the biggest risks are the unsealed wells, underground storage tanks and contamination to the aquifer. Mr. Brotzler talked about the groundwater protection needs and explained how to update the DWSMA to reflect the new wells being added to the UMore area. He also explained the education component of the plan. Mayor Droste questioned how staff analyzes the risks to areas outside of Rosemount. Ms. Ziegler stated it was done through collaboration activities and communication efforts. Mayor Droste opened the Public Hearing. Motion by Droste. Second by Kearney. Motion to Close the Public Hearing. Ayes: 5 Nays: 0. Motion carried. Council Member Weisensel appreciated the time and effort into updating the plan. Motion by Weisensel. Second by Kearney. Motion to Adopt the Wellhead Protection Plan, Part 2 Ayes: Shoe - Corrigan, Droste, Weisensel, Kearney, DeBettignies Nays: None. Motion carried. NEW BUSINESS 9.a Request by Dakota Aggregates for a Large Scale Mineral Extraction Permit, Annual Operating Permit for Dry/Wet Mining Sub -Phase 1A; and an Interim Use Permit for Aggregate Processing, Case 12- 17 -ME; 12- 18 -ME; 12 -19 -IUP Senior Planner Zweber summarized the information provided within the staff report. In May, the City approved an Ordinance to permit large scale mineral extraction as an interim use in the AG: Agricultural zoning district. The Ordinance included requirements that the operator would need to receive an interim use permit (IUP) for the overall multi -year mining proposal, receive an annual operating permit for mining that would be conducted in the following calendar year, and receive a separate IUP for any ancillary use (such as aggregate processing, concrete production, or asphalt ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2012 production) included in the plan. On June 28, Dakota Aggregates submitted an application for large scale mineral extraction (LSME) permit for the forty year mining operation, an annual operation permit for dry /wet mining sub -phase 1A, and an IUP for the aggregate processing. Dakota Aggregates, at this time, has not requested an IUP for any additional ancillary uses, such as the concrete or asphalt production. It is anticipated that Dakota Aggregates will apply for at least one IUP for concrete production this winter. Council Member Weisensel thanked staff for working through the process. He stated his understanding was that the three wells proposed to the site are not in place currently and do not have to be placed there. Mr. Zweber explained the proposed locations of wells 16, 17 and the issues associated with the location of wells and mining activity. Council Member Weisensel also questioned the costs of a water treatment plant. Director of Public Works /City Engineer Brotzler addressed the costs and needs for a water treatment plant. Discussion was held about the water treatment plant. Mayor Droste added that the Utilities Commission has been capital planning for a water treatment plant for 2016. Mr. Brotzler provided a brief summary of the timing of the proposed water treatment facility. Council Member Shoe - Corrigan questioned the benefits to the residents with allowing the mining operation. Mr. Zweber explained that aside from staff fees for the review and the gravel tax that the plan includes a long term development with benefits. Mayor Droste added that University has done a great job of listening to the issues and added buffering to the site. He stated that the plan has come a long ways in the past two years. Council Member Shoe - Corrigan questioned the impact to the 42/52 interchange with the increase in truck traffic from the site. Mr. Brotzler explained that a larger percentage of the truck traffic in the overall plan will use County Road 46 instead of County Road 42. Leslie Davis, P.O. 101668, Minneapolis, talked about the smells from asphalt plants in Minneapolis. He also wanted to the University to clean up the balance of contamination. He suggested that the City Council exercise more caution moving forward with the project. Myron Napper, 3381 145`h Street East, Rosemount, did not oppose the mining as long as it is done properly. He expressed concerns about contaminated water and the traffic issues at the 42/52 interchange. Council Member Shoe - Corrigan commented on the audience input stating that it is a very serious decision of the Council of today and for future Councils. She added that there will be pressure to update the 42/52 interchange. Motion by Weisensel. Second by Kearney. Motion to Adopt a Resolution Approving the Interim Use Permit to Dakota Aggregates for Large Scale Mineral Extraction. Ayes: Droste, Weisensel, Kearney, DeBettignies, Shoe - Corrigan Nays: None. Motion carried. (Resolution 2012 -105) ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2012 Motion by Weisensel. Second by Kearney. Motion to Adopt a Resolution Approving the Annual Operating Permit to Dakota Aggregates to Conduct Mining Activities within Dry /Wet Muting Phase 1A during 2013. Ayes: Weisensel, Kearney, DeBettignies, Shoe - Corrigan, Droste Nays: None. Motion carried. (Resolution 2012 -106) Motion by Weisensel. Second by Kearney. Motion to Approve the 2013 Large Scale Mineral Extraction Annual Operating Permit Agreement for Dry /Wet Mining Phase 1A. Ayes: Kearney, DeBettignies, Shoe - Corrigan, Droste, Weisensel Nays: None. Motion carried. Motion by Weisensel. Second by Kearney. Motion to Adopt a Resolution Approving the Interim Use Permit to Dakota Aggregates to Operate Aggregate Processing and Recycled Aggregate Product Processing. Ayes: DeBettignies, Shoe - Corrigan, Droste, Weisensel, Kearney Nays: None. Motion carried. (Resolution 2012 -107) Motion by Weisensel. Second by Kearney. Motion to Approve the Public Improvement Agreement as detailed in the December 10, 2012 letter from Richard Pfutzenreuter, CFO University of MN. Ayes: Shoe - Corrigan, Droste, Weisensel, Kearney, DeBettignies Nays: None. Motion carried. 9.b. Public Works Quality Standards Director of Public Works /City Engineer Brotzler provided a presentation of the Public Works Quality Standards. He highlighted the most notable changes to the plan including the revised Snowplowing Policy. Council Member Shoe - Corrigan requested that Mr. Brotzler explain the difference in resale and salvage value. Council Member Weisensel questioned the reasoning behind the objective to maintain bare pavement conditions. Mr. Brotzler explained that the objective to maintain bare pavement conditions on all public streets was based on what staff has been trying to perform over the past several years. He also explained the objective from an operational standpoint for collector and local streets. Council Member Weisensel stated the standards provide a value to the residents adding that importance of value in infrastructure. He appreciated the good work done by staff. ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS DECEMBER 18, 2012 Mayor Droste added that he appreciated the communications between the communities. He also thanked Public Works for their good work. Motion by DeBettignies. Second by Shoe - Corrigan Motion to Approve the Updated Public Works Quality Standards Ayes: Droste, Weisensel, Kearney, DeBettignies, Shoe - Corrigan Nays: None. Motion carried. 9.c. 10 -Year Capital Improvement Plan (CIP) Working Program Finance Director May provided a brief history of the working plan. City Administrator Johnson provided more details about the 2013 projects included within the working plan. Council Member Shoe - Corrigan stated that every year the Council reviews the 10 -Year CIP. She gave credit to staff and past City Councils on creating a realistic document that puts the City in a good position for planning and budgeting. Council Member Weisensel agreed. Council Member Kearney questioned the proposed tennis courts at Erickson Park. Mr. Johnson stated that the school's athletic director will be attending the January 9 work session to discuss the tennis court options. Motion by Weisensel. Second by DeBettignies. Motion to Approve the 10 -Year CIP Work Program for the City of Rosemount for the years 2013 through 2022. Ayes: Weisensel, Kearney, DeBettignies, Shoe - Corrigan, Droste Nays: None. Motion carried. ANNOUNCEMENTS Mayor Droste thanked Council Member Kearney for his service on the City Council. Council Member Kearney thanked the City Council for the honor of serving. Mayor Droste reviewed the calendar of events. The next City Council meeting will be held on Wednesday, January 2, 2013 at 7:30 p.m. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Droste, second by Weisensel, the meeting was unanimously adjourned at 10:08 p.m. Respectfully Submitted, Amy Domeier, City Clerk