HomeMy WebLinkAbout6.a. Minutes of April 5, 2004 Regular City Council Meetingr
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 6, 2004
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Tuesday, April 6, 2004, at 7:30 p.m. in the Council Chambers at City Hall, 2875
145t Street West.
Mayor Droste called the meeting to order with Council Members DeBettignies, Strayton, Riley,
and Shoe - Corrigan present. Also present were City Administrator Verbrugge, City Attorney
LeFevere, City Engineer Brotzler, Community Development Director Lindquist, Parks and
Recreation Director Schultz, and Police Chief Kalstabakken. Engineering Consultant Andrea
Moffatt from WSB & Associates attended. The Pledge of Allegiance was said.
City Administrator Verbrugge presented five add -ons and additional information for Item 7.a.
Brockway EAW. The five add -ons were as follows: Item 3.c. Donation Acceptance for Police
Department, Item 6.n. Medical Leave for a Firefighter, Item 6.o. SKB Trust Fund Appointment,
Item 9.a. Consider Resolution Regarding U.S. Senate Telecommunications Bills, and Item l La.
Assessment Settlement for KenRose Shopping Center.
Mayor Droste moved to accept the agenda as amended. Second by DeBettignies. Ayes: Five.
Nays: None. The agenda was adopted.
Commissioner Recognition
Mayor Droste presented plaques of appreciation for out going commissioners, Myron Napper
who served on the Planning Commission and Steve Wilson who served on the Parks and
Recreation Commission. Commissioner Napper served 3.75 years, June 2000 through March
2004 and Commissioner Wilson served one -year, April 2003 through March 2004. Mayor
Droste commented that commissioners serve a vital role for the City as advisory commissioners,
screening information and making recommendations to the City Council. Three other
commissioners will receive recognition at a future meeting. They are Donald Berg, Utilities
Commission, Jeff Weisensel, Planning Commission, and Dave Anderson, Planning Commission.
Special Event Update Halloween
Dan Schultz, Director of Parks and Recreation, reported that the first meeting for the Halloween
Committee will be April 13, 2004. Interested volunteers are asked to contact the Parks and
Recreation Department at 651- 322 -6000 and staff will put people in contact with the committee.
Over 1,500 people participated in last year's event with about 70 volunteers. Additional
volunteers are needed.
Donation Acceptance - Police Department
Police Chief Kalstabakken asked Council to accept the donation of 500 firearm safety kits from
the non - profit National Shooting Sports Foundation (NSSF). The NSSF received a grant from
the U.S. Department of Justice and from the firearms and shooting sports industry. Through
Project ChildSafe, firearm safety kits are being distributed across the nation through local law
enforcement agencies. Educational material and a gun lock are included in the kits. These kits
will be available after Wednesday, April 7th for residents at no charge through the Rosemount
Police Department, Monday through Friday, 8:00 a.m. to 5:30 p.m.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 6, 2004
MOTION by DeBettignies to accept a donation of five hundred firearm safety kits from Project
Childsafe. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays:
None. Motion carried.
Consent Agenda
Mayor Droste requested discussion on Item 6.j. Authorize Feasibility Report for County Road 38
from TH 3 to Blaine Avenue, City Project 387.
MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6.j. for
discussion and noting the add -ons 6.n. and 6.o. Second by Riley. Ayes: Riley, Strayton,
DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried.
a. Minutes of March 16, 2004 Regular City Council
b. Minutes of March 10, 2004 City Council Work Session
c. Bills Listing
d. Receive Donations - Parks and Recreation Department
e. Receive Donation - Police Department D.A.R.E. Fund
f. Donation Expenditure - Parks and Recreation Department
g. Liquor License Amendment for the American Legion Operations Officer
h. Ratification of Fire Department Appointments
i. Authorize Plans & Specifications — Glendalough 4 th Addition, City Project 386
j. Auther-izeFeasibilityRepeA County Read 38 fr-em T44 3 te Blaine A-veFme, City Pr-ej. 38-7
k. Receive Quotes /Award Contract - Uitdenbogerd Addition Street & Utility Improvements
City Project 373
1. Extended Work Hours for Well No. 12, City Project 354
m. Brockway Lot Combination
n. Add- Medical Leave for a Firefighter, Garr Nelson
o. Add- SKB Trust Fund Appointment, Matthew Kearney 3 -year term
Authorize Feasibility Report for County Road 38 from TH 3 to Blaine Ave., C.P. 387
Mayor Droste asked about the time frame for this project and which portion of County Road 38
would be paved.
City Engineer Brotzler said the feasibility report is a planning tool to look at the basis for
improvements and the cost that would be incurred for each major part of the project. Dakota
County would likely turn-back County Road 38 for city maintenance. This project is not in the
current Capital Improvement Budget which goes out ten years. The Metropolitan Urban Service
Area (MUSA) 2020 line extends to Akron Avenue. Development would not likely go beyond
that. There is proposed development on the south side of County Road 38 but not to the north.
Funding will be examined in the feasibility report. CR 38 from Akron Avenue to Blaine Avenue
will probably remain gravel until warranted. Data will be gathered April 12 to 30; development
alignments will be studied in May, 2004; and Dakota County and private utilities will be
consulted. Then the draft feasibility report should be ready by July 1 and City Council will
review the draft document at their August work session.
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ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 6, 2004
MOTION by Riley to adopt A RESOLUTION AUTHORIZING A FEASIBILITY REPORT
FOR COUNTY ROAD 38 FROM TRUNK HIGHWAY 3 TO BLAINE AVENUE, CITY
PROJECT 387. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe- Corrigan,
Droste, Riley. Nays: None. Motion carried.
Brockway Environmental Assessment Worksheet (EAW), City Project 381
City Engineer Brotzler presented City Council with the Environmental Assessment Worksheet
(EAW) for the proposed Brockway Property Residential Development. A revised Findings of
Fact and Conclusions was distributed. The public comment period ended March 17, 2004 and the
comments were responded to in the memo of March 25, 2004. Council had concerns for seven
contaminated locations identified by Dakota County. The largest contaminated parcel is in the
southeast corner which is designed for commercial development and will not be disturbed.
Andrea Moffatt, WSB & Associates noted that complete soil evaluations of the Brockway Glass
factory building cannot be done until the removal of the concrete floor. If further contamination
is found it will have to be cleaned up according to the standards of the Minnesota Pollution
Control Agency, Dakota County Environmental Management Department, and the Department of
Natural Resources. The developer would be responsible for any contamination found. Mike
Waldon, CDPC, the developer, said they want to determine as much as they can now and they
plan a two -foot deep earthen cover over the dumpsite in the southeast corner. Water samples will
be monitored, in the past some metal traces have been found which is a by- product of glass
making. Mayor Droste noted that this site has been abandoned for thirty years and it will better
serve the community to have it cleaned up. Council Member Strayton noted that although the
contaminated areas are a concern, the land size of the contaminated areas is very small compared
to the 118 -acre site. City Attorney LeFevere noted that the liability issue is complex. Often
contaminated material is not removed so it is in the best interest of everyone to provide as much
protection as possible and reasonable. Parks and Recreation Director Schultz updated Council on
the trail system proposed by Metropolitan Council along Connemara Trail from Lebanon Hills
Park, Eagan to Spring Lake Park, Hastings. Staff noted that Highway 3 may require buffering,
landscaping, and noise walls as a barrier to traffic noise.
MOTION by Riley to adopt A RESOLUTION ISSUING A NEGATIVE DECLARATION
OF NEED including the revised language in the Findings of Fact. Second by Shoe - Corrigan.
Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried.
Meadows of Bloomfield Minor PUD Amendment
Community Development Director Lindquist presented a modification to the architectural
elevations for the Centex row townhomes located on the east side of Connemara Trail past St.
Joseph's Catholic Church. This request does not affect the number of buildings, housing mix, or
location so it is considered a minor amendment to the planned unit development. The overall
depth of the units is reduced by about eight feet by extending living space over the entire garage.
The offset front walls create more relief and some units have porches while others have covered
entryways. This along with combination windows and face brick give each unit an individual
look. The amendment was acceptable to City Council. Direction was given to change the end
unit elevations to give them more character or relief.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 6, 2004
MOTION by Shoe - Corrigan to adopt A RESOLUTION APPROVING A MINOR
AMENDMENT TO THE MEADOWS OF BLOOMFIELD PUD AND AUTHORIZE THE
AMENDMENT TO THE MEADOWS OF BLOOMFIELD PUD AGREEMENT
REPLACING EXHIBIT 12 WITH NEW EXHIBITS REFLECTING THE NEW
COTTAGE ROW HOMES and adding architectural embellishments to the end unit homes.
Second by DeBettignies. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays:
None. Motion carried.
Consider Resolution Regarding U.S. Senate Telecommunications Bills
City Administrator Verbrugge presented a resolution supporting the Access Tax Ban Extension
and Improvement Act (S. 2084) and opposing the Internet Tax Nondiscrimination Act (S. 150).
Verbrugge explained that S. 150 would eliminate cable franchise fee revenues. Rosemount has
received $230,000 from cable franchise fees the last two years. These fees are a critical source of
revenue for local services and an important mechanism for local officials to protect consumers.
The impact across the State of Minnesota would be the loss of over $40 million in franchise fees
to local governments. The Bill (S. 2084) would call for a two -year extension of the existing
moratorium on the imposition of new telecommunications taxes which would allow time to
examine how to tax emerging telecommunications. It would also establish parity for all types of
internet platforms such as telephone lines, cable modems, or DSL. Staff would recommend
preserving the ability of local governments to continue collecting cable franchise fees and protect
the integrity of long held traditional municipal powers related to local taxing jurisdiction as it
relates to use of public right of way.
MOTION by DeBettignies to adopt A RESOLUTION SUPPORTING THE ACCESS TAX
BAN EXTENSION AND IMPROVEMENT ACT (S. 2084) AND OPPOSSING THE
INTERNET TAX NONDISCRIMINATION ACT (S. 150). Second by Shoe - Corrigan. Ayes:
Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried.
Announcements
Community Development Director Lindquist noted that an open forum will be held on Monday,
April 12 at 7 p.m. for the Downtown Redevelopment Committee. Residents are invited to the
open format for their input and questions. Mayor Droste reviewed the upcoming meetings.
Mayor Droste moved the meeting to a Closed Executive Session for the Administrator
Performance Evaluation and a special assessment appeal for the KenRose Shopping Center at
8:56 p.m. The meeting will be adjourned following the Closed Executive Session since no
further public items will be addressed.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
The City Council Agenda Packet is Clerk's File 2004 -13.
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