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HomeMy WebLinkAbout6.c. Minutes of the July 18, 2006 Regular City Council ProceedingsMotion by Droste. Second by Sterner. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING JULY 18, 2006 CALL TO ORDER /PLEDGE OF ALLEGIANCE Pursuant to due call and nonce thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, July 18, 2006, 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 Sterner, Baxter, DeBetugnies, and Shoe Corrigan attending Staff members present were City Adnvmstrator Verbrugge, Community Development Director Lindquist, Parks and Recreation Director Schultz, City Engineer Brotzler, Police Chief Kalstabakken, Police Officer Rosa, City Attorney LeFevere, Administration Intern Hud }ma and City Clerk Domeier. The Pledge of Allegiance was said ADDITIONS OR CORRECTIONS TO THE AGENDA City Administrator Verbrugge stated the add -on to Consent Agenda Item 6 f. Dakota County Library Site Plan: Platting Consultant, Case 06- 42 -SP. The Council also received additional information for the Response to Public Comment m regards to Myron Napper's concerns raised at the July 11 s, meeting Mr. Verbrugge also suggested moving Item 5 Department Heads Reports /Business before Item 3 Public Comment. Motion to adopt the Agenda with addition of Item 6.f. and additional information for Item 4 and moving Items 3 and 4 after Item 5. Ayes: 5. Nays: 0. Motion carried. DEPARTMENT HEADS REPORTS /BUSINESS 5.a. Commendation for state softball champions Mayor Droste stated last month the Rosemount High School softball team completed a dream season by winning the Class AAA state championship The City Council commended the girls of the softball team and several members of the Rosemount High School athletic department with certificates acknowledging then excellence representing Rosemount in competition. 5.b. Award for City Economic Development Marketing Campaign Rebecca Kurtz, president of The Economic Development Association of Minnesota (EDAM) was in attendance to present one of its annual awards for accomphshment by local governments and other groups to the City of Rosemount In June, the annual EDAM summer conference was held and the competition judges presented the Ciro of Rosemount an award for Minnesota's best economic development marketing campaign. She added the judges were very impressed and pleased with the marketing campaign. 1. 6 c City Administrator Verbrugge thanked Ms. Kurtz for attending the meeting and also recognized the City Council for providing direction on the process and reviewing strategic project initiatives. Mr Verbrugge gave credit to Port Authority for directing the Economic Development imttattve. He further recognized Communications Coordinator Cox, Assistant City Administrator Weitzel and Community Development Director Lindquist for then efforts in the successful marketing campaign. 5.c. National Night Out Update Officer Chad Rosa is coordinating this year's events and presented the Council an update of the activities planned. National Night Out will be on Thursday, August 1, 2006 between 6:30 p m. and 9:00 p.m Officer Rosa stated 27 neighborhoods participated last year and 23 neighborhoods have registered so far this year. He added that four churches and Dunn Bros. Coffee are also participating this year. Officer Rosa also noted the Third Citizens Pohce Academy will take place on Thursdays from September 14 through October 26 The academy offers an opportunity for citizens to learn more about the police department. Mayor Droste stated for more information about National Night Out residents should contact Officer Rosa at 651- 423 -4491. He added his appreciation for Officer Rosa's hard work m coordinating the event. RESPONSE TO PUBLIC COMMENT 4. Response to Public Comment; Shafer Mining Permit Request City Administrator Verbrugge stated that at the July 11, 2006 City Council meeting, Myron Napper, 3381 145 St. E., Rosemount, expressed concern on the Shafer tuning permit. He stated Community Development Director Lindquist would provide a response to the concerns as part of Item 9 a Mr. Napper also presented concerns at the July 11` meeting about a fire at SKB landfill facility on the east side of Rosemount. Mr. Napper had requested assurance there was no damage to the facthty, particularly the hner, as a result of the fire. Mr. Verbrugge noted that Fire Marshal Lundy examined the fire site; however, Mr. Lundy's report is not complete. Upon completion of the report, it will be forwarded to the City Council. Mr. Verbrugge shared that Mr Lundy's investigation determined, with assistance of SKB staff, was able to able to identify the generator of the matenal that ignited the fire and SKB has taken administrative action to prevent the generator from contributing into the landfill in the future. SKB asked the company that provided the Imer for the particular cell to prepare an analysis of the liner investigation. The report determined it was a surface fire that didn't compromise the hner. Mr. Verbrugge added representatives from SKB were in attendance if Council had further questions. Myron Napper, 3381 145 St. E Rosemount, stated SKB does an excellent lob at its operation. CONSENT AGENDA Motion by Baxter. Second by Shoe Corrigan. Motion to approve the Consent Agenda, Items 6a. through 6.f. a Bills Listing 2. b. Amendment to Leprechaun Days Service Agreement c. Amendment to the 2006 Fee and Fees Policy Parks Dedication (Resolution 2006 -86) d. Administrative Plat, Greif Paper Packaging, 2750 145 St., Colliers Turley Martin Tucker, 06-38-ADM PLAT (Resolution 2006 -87) e. Old County Road 38 Comprehensive Plan Amendment to Expand the MUSA and Reguide Certain Properties and Rezone Certain Properties, 06 -35 -CP and 06 -41 -ZA (Resolution 2006 -88 and Ordinance B -177) f Dakota County Library Site Plan. Platting Consultant, Case 06 -42 -SP Ayes: DeBettignies, Shoe Corrigan, Droste, Sterner, Baxter. Nays: 0. Motion carried. NEW BUSINESS 9.a. Shafer Contracting Mineral Extraction Permit Change Request, 06 -40 -ME Community Development Director Lindquist reviewed the staff report Scott Spisak of Shafer Contracting applied for a change to the 2006 Mineral Extraction Permit for property located one mile north of 135 Street East and one quarter mile west of Rich Valley Boulevard (County Road 71). The proposed change would allow for deeper mining and replacement of extracted material with clean haul -back material from MnDOT projects. Ms Lindquist stated that staff has proposed modifications to the mineral extraction permit that allow for haul -back provisions and requires the applicant to adjust the reclamation plan to make it more topographically consistent with the surrounding existing conditions. Ms. Lindquist added that Shafer representatives are present to provide additional information on the clean fill materials and the additional testing materials /reports are included m the packet. She stated that Shafer would hire and pay the testing bills and the information would be turned into the City on a quarterly basis. City Engineer Brotzler stated the first concern was the type of fill being brought in and the assurance that the City has certainty that the materials being hauled back were acceptable. After discussions with Shafer and its representatives, a condition was made that the only matenal allowed for haul -back be from MnDOT projects. He added that from a testing standpoint, American Engineering Tesnng, Shafer Contracting's soil firm, will certify that the soil meets the parameters outlined m the conditions Mr. Brotzler stated the Citv has the ability to crosscheck with MnDOT what is being hauled into the mining area if there is any concern. Ms. Lindquist stated there are environmental reviews that occur as part of the MnDOT projects so there are several checkpoints throughout this process. She echoed Mr. Brotzler's statements with the initial concerns being about the haul back and impact on the site and surrounding area The types of issues regarding impacts on surrounding areas are mitigated by the proposal before the Council. She emphasized it was an annual permit and there will be an opportunity on a regular basis to modify the permit and recommended approval conditioned on the changes to the penmt. 3. Council Member Shoe Corrigan requested an explanation of incidental concrete recycling. Scott Spisak, of Shafer Contracting stated that as part of their original permit they run a concrete /asphalt recycling operation at the site. He added the inatenals are not used as fill. Council Member Shoe Corrigan questioned how Shafer representatives addressed Mr. Keohncn's concerns about the pond location. Mr. Spisak stated Mr. Keohnen wanted the pond moved due to concerns that water may percolate through the stormwater pond and affect his well. Mr. Spisak stated there is a possibility of moving the pond to the west and that they will be reviewing options when the reclamation plan is subnntted to the City this fall Myron Napper, 3381 145' St. E., Rosemount, stated his opposition to the project and suggested Shafer put a liner in the pond to address potential impacts from infiltration.. He added his concerns related to the fill being brought into the mining area as part of the haul back and requested more protection for the water table. Mr. Brotzler stated that Phase I and II Environmental Site Assessments are conducted on MnDOT projects to identify hazardous contaminants that may be in the project area. He added if contaminated soils are located on sites, mechanisms are available at different levels to deal with the problems. Council Member DeBettignies questioned if the City would have the nght to prohibit any further extraction of material and terminate operations as necessary Ms. Lindquist responded he was correct; Shafer needs to comply with all permit conditions or risk termination of the permit. Motion by Baxter. Second by Mark. Motion to approve Amended 2006 Mineral Extraction Pemut for Shafer Contracting subject to the conditions of the Mineral Extraction Permit 2006 Conditions for Mineral Extraction Permit Renewal. Ayes: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies. Nays: 0. Motion carried. ANNOUNCEMENTS Mayor Droste reviewed the upcoming meeting schedule for August and noted the first regular City Council meeting would be held on August 2, 2006. ADJOURNMENT Mayor Dioste moved to adjourn the meeting at 8:28 p.m. Second by Sterner. Upon unanimous decision, the meeting was adjourned. 4. Respectfully submitted, 5. Amy Domeier, City Clerk