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HomeMy WebLinkAbout6.a. Minutes of May 4, 2004 Regular City Council Meetingr ITEM #6 A ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, May 4, 2004, at 7 :30 p.m. in the Council Chambers at City Hall, 2875 145 th Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, Strayton, and Shoe - Corrigan present. Also present were City Administrator Verbrugge, City Attorney LeFevere, City Engineer Brotzler, ' Parks and Recreation Director Schultz, Police Chief Kalstabakken and City Clerk Jentink. The Pledge of Allegiance was said. Mayor Droste noted additional information provided by city staff for Items 6. 1. SKB Memorandum of Understanding. City Administrator Verbrugge requested an Executive Closed Session for an assessment appeal settlement related to Connemara Trail, Phase 2. Mayor Droste agreed to the Executive Session. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. The agenda was adopted. Proclamation for the American Legion Auxiliary Poppy Days Mayor Droste presented a proclamation to pronounce May 14 and 15 as Poppy Days in Rosemount. The poppy has become the memorial flower for the war veterans and their families. Public donations help with funds for rehabilitation programs within each local community that benefits veterans, their families,' and ultimately our state and nation. Mary Kropelnicki, representing the American Legion Auxiliary, requested this proclamation. MOTION by Droste to proclaim May 14 and May 15, 2004 as Rosemount Poppy Days for the American Legion Auxiliary and Veterans of Foreign Wars and Auxiliary. Second by DeBettignies. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Special Event — City Wide Garage Sale Parks and Recreation Director Schultz announced the City Wide Garage Sale on May 13 through 15. This is the first time that the City has sponsored the event. There have been 113 residents registered, each of which will be marked on a map that is distributed at-local businesses, City Hall, and the Community Center. The map will also be published in a full -page ad in the Rosemount Town Pages. Schultz also noted that a City Clean Up Day is scheduled for May 15 from 8:00 a.m. to noon at the Dakota County Technical College. The Police Department sponsors an unclaimed property sale on May 15 in the northwest parking lot by City Hall beginning at 10:00 a.m. The most common items in the sale are bicycles. The public is welcome. Consent Agenda Council Member DeBettignies asked that Item 6.j. Resignation of a Firefighter be pulled for discussion. Council Member Strayton asked that Item 6.1 SKB Memorandum of Understanding be pulled for discussion. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 MOTION by DeBettignies to approve the Consent Agenda with the removal of Item 6J. and 6.1. for discussion. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. a. Minutes of April 20, 2004 Regular City Council Meeting b. Minutes of April 20, 2004 Work Session c. Bills Listing d. Receive Donation Parks & Recreation Department e. Expenditure from Donation Account — Parks & Recreation Department - f Declare Surplus Equipment g. Authorize Feasibility Report for Brockway Public Improvements, City Project 381 h. Authorize Recruitment of Police Officer i. Termination of Employee k. LELS Police Unit, Labor Agreement 2004 -2005 Item 6.j. Resignation of a Firefighter Council Member DeBettignies honored Robert Anderson, affectionately known as RC, for his twenty years of service on the Rosemount Fire Department. DeBettignies sent his best wishes and thanks from the City, himself, and his family. MOTION by DeBettignies to accept the resignation of Robert Anderson from the Rosemount Fire Department. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe- Corrigan, Droste, Riley. Nays: None. Motion carried. Item 6.1. SKB Memorandum of Understanding (MOU) Council Member Strayton asked about a time line for the closing of a library site as shown in Section 2.2 and a contribution to the library site. Attorney LeFevere noted this is a bi- lateral contract. SKB could negotiate change in the future and the City could amend the Interim Use Permit. However, LeFevere said the City could also bring a suite forward to compel the trust board to carry out the Agreement. Strayton noted he was not comfortable leaving this open- ended. City Administrator Verbrugge noted that the timing is directed by the City's acquisition of a site for the library. If a site is not found, no contribution will be necessary. The Memorandum of Understanding also addressed some changes in the SKB Trust Fund as follows: a.) 50 % of annual revenues to the Trust Fund from SKB operations will be redirected to the City of Rosemount to be applied toward projects detailed in the City's Capital Improvement Plan. b.) The SKB Trust Fund will make a one -time donation of $500,000 to the City, following the transaction closing on the property, to help pay for the cost of land acquisition for a Dakota County branch library in Rosemount. c.) The City will allow the SKB Trust Fund to increase annual community distributions based on the Consumer Price Index or percentage population growth in Rosemount, which ever is greater. These amendments were considered and approved by the SKB Trust Board. 2 f ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 SKB requested relief from the Enhanced End Use Plan that was presented with the March 2003 Interim Use Permit approval. Because of the industrial surroundings, it is unlikely that a true recreational use is practical there. The standard state_ approved end use plan for cover and closure was recommended. This does not require any tree plantings. In return, SKB will pay the City $25,000 annually for the next ten years to fund any landscaping needed upon closure of the landfill. The closure design, Map Drawing 11, is being revised by the Minnesota Pollution Control Agency which is covered in Sections 3. 1.1 and 3.1.4 of the MOU. SKB Environmental submitted a letter dated May 4, 2004 stating their concurrence with the terms of the MOU. MOTION by Riley to approve the Memorandum of Understanding between SKB Environmental and the City of Rosemount. Second by DeBettignies. Ayes: DeBettignies, Shoe Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. PUBLIC HEARING: On Sale Liquor License Amendment for CELTS Mayor Droste opened the Public Hearing. The Affidavits of Posted and Published Notice were on file. City Clerk Jentink presented the amendment request by owner Brandon Barth to change his on sale liquor license to a Class A, which is unrestricted as to the percentage of revenues derived from the sale of food and nonalcoholic beverages. CELTS currently holds a Class B which required 51 % food and nonalcoholic beverages. The Class A license fee is $4,500 yearly. CELTS was also found to meet the location requirements for a Class A establishment. Mr. Barth plans to expand his business this year and will return for another Public Hearing for that expansion. Brandon Barth, 3349 Delaney Circle, Inver Grove Heights, owner of CELTS noted that he will keep business as usual with the same menu. The expansion will incorporate the north end of the building into an area for pool tables, darts, video games, and a dance floor. This will give customers entertainment and encourage them to stay longer. Barth plans on six weeks for construction and hopes for a July 1 completion date. Council Member DeBettignies noted he was glad the menu wasn't changing and Council was encouraged to see a Rosemount business expanding. Mayor Droste opened the floor to public comment. There was none. MOTION by Droste to close the Public Hearing for an On Sale Liquor License Amendment for CELTS. Second by DeBettignies. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. MOTION by Riley to approve a RESOLUTION TO AMEND THE ON -SALE LIQUOR LICENSE FOR CELTS /BARMAN'S HOSPITALITY GROUP INC., 14506 SOUTH 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 4, 2004 ROBERT TRAIL. Second by Shoe - Corrigan. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe- Corrigan. Nays: None. Motion carried. Announcements Mayor Droste reviewed the upcoming meetings. Council Member DeBettignies commended Officer Tim Murphy for his work with the youth D.A.R.E. program. He had attended the graduation of twenty -eight fifth graders from St. Joseph's School. St Joe's essay winners were: Mitchell Bohlke, Colin Busho, Diana Drapac, Meghan Duffy and the DARE Spirit award was Chad Berg. The principle was grateful for the funding support from the City and thanked the Mayor and City Council Members. Another D.A.R.E. graduation will be May 7t at 1:30 p.m. for the Rosemount Elementary School and one. in June for Shannon Park Elementary. Mayor Droste closed the meeting at 7:55 p.m. to convene an Executive Closed Session for the purpose of addressing two special assessment lawsuits. If action is required following that meeting the City Council will reconvene the meeting to do so. Following the Executive Closed Session no action was required. Mayor Droste adjourned the meeting at 9 :09 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2004 -17.