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HomeMy WebLinkAbout6.a. Minutes of April 5, 2004 Regular City Council Meetingr 4 4J TM #6 A 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. i N 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. 2 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. 4