HomeMy WebLinkAbout6.a. Minutes of April, 3, 2003 Regular City Council Meeting0
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
APRIL 3, 2003
Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was
duly held on Thursday, April 3, 2003, 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 DeBettignies, Shoe - Corrigan,
Riley and Strayton present. Also present were City Administrator Verbrugge, Attorney Ron
Batty, City Engineer Brotzler, Community Development Director Parsons, Human Resource /
Communications Coordinator Graff, Parks & Recreation Director Schultz, and Police Chief
Kalstabakken. The Pledge of Allegiance was said.
Additional information was provided for Items 6j. Ratification of Fire Department
Appointments, Item 6. u. Receive Bids /Award Contract for Bloomfield 5 Addition City Project
364, Item 9.a. Chippendale Avenue Speed Limit, and Item 10.a. Great River Energy Exemption.
One item was added to the Consent Agenda: Authorize Feasibility Report for Biscayne Pointe
5 Addition Street and Utility Improvement City Project 367.
MOTION by Mayor Droste to accept the presented agenda. Second by Riley. Ayes: Five. Nays:
None. Motion carried.
Mayor Droste opened the floor for Public Comment. Frank Knoll, 4322 145 Street East,
commented that the power plant would be better placed in the lower part of the site. Mayor
Droste advised Knoll that this discussion should be conducted under agenda Item 10.a.
There wasn't any response to Public Comment from past meetings.
Port Authority Term Determination
City Clerk Jentink reviewed the changes in term length for the Port Authority commissioners.
The elected officials may serve on the Port Authority for the same term as their elected position.
Non - elected commissioner terms are six years unless they are appointed to fill out the term of an
elected official. Jentink reviewed Port Authority Commissioner Cami Zimmer's term who filled
the term of Kevin Carroll from February 1999 to February 2005 and Port Authority
Commissioner Michael Baxter who filled the term of Norm Miller to February 2002. Baxter was
reappointed for a three -year term in March 2002, however, the terms were amended back to six -
year terms, so Baxter's term will expire February, 2008.
MOTION by Riley to reaffirm the terms of non - elected members of the Port Authority due to an
amendment reversing three -year terms back to six -year terms; Commissioner Zimmer's term will
expire February, 2005 and Commissioner Baxter's term will expire February, 2008. Second by
Shoe - Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion
carried.
Consent Agenda
Council Member Strayton pulled Items 6. n. Authorize Resident Survey and 6.w. Authorize
Distribution and Publication of Vesterra, LLC Mining EAW for discussion.
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MOTION by Riley to approve the Consent Agenda withdrawing Items 6.n. and 6. w. for
discussion. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe- Corrigan, Droste,
Riley. Nays: None. Motion carried.
a. Minutes of March 20, 2003 Regular City Council Meeting
b. Minutes of March 13, 2003 Committee of the Whole
c. Minutes of March 20, 2003 Special City Council Meeting
d. Bills Listing
e. Receive Donation for Parks & Recreation Department
f. Expenditure of Donation for Police Department
g. Budget Amendments
h. Declaration of Surplus Property
i. Authorization to Accept Quotes and Purchase Personal Computer Workstations
j. Ratification of Fire Department Appointments
k. Mutual Police Assistance Agreement
1. Public Purpose Expenditure Policy
m. Hiring of Assistant Planner
n. (pulled for discussion)
o. Receive Letter of Appeal and Set Public Hearing — Kulhanek Property
p. Lot Combination Between Dakota Enterprises and Tom Engelmeier
q. 2003 Agreement for Solid Waste & Recycling Services
r. Biscayne Pointe Fifth Addition Final Plat and Subdivision Development Agreement
s. Municipal State Aid Mileage Amendments
t. Schedule Special City Council Meeting for April 12, 2003
u. Receive Bids /Award Contract — Bloomfield 5t' Addition Street & Utility Improvements,
City Project 364
v. Change Order No. 3 for Rosewood Street and Utility Improvements, City Project #350
w. Authefize Distfib: Aien ieation of V-esteff ,—LLG Mining EAW (pulled for
discussion)
x. Lot Consolidation for Susan & Donald Stein, 3820 and 3904 120th Street West
y. Skate Park Equipment
z. Bloomfield Park Play Equipment
aa. Add -on Authorize Feasibility Report for Biscayne Pointe 5 Addition Street & Utility
Improvements, City Project 367
6.n. Authorize Resident Survey
Council Member Strayton asked about the time line for the survey completion. City
Administrator Verbrugge reported that the survey would be completed before the end of May
with results in July. Council Member Shoe - Corrigan asked how frequently a survey is done.
Human Resource /Communications Coordinator Graff reported that surveys are done
approximately every two years. A survey was done in 2001 and 1997. In 2001 the survey cost
was $12,000. This year's survey with Decision Resources would cost $12,500. Shoe - Corrigan
suggested that Rosemount wait one year to save the expense since Council plans open forums to
connect with residents. Council Member Riley asked to table the survey request for discussion at
the Committee of the Whole meeting next week. Council Member DeBettignies noted that the
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survey was budgeted for this year but concurred to table the issue. Mayor Droste noted that the
actual cuts from the State will not be known until after June.
MOTION by DeBettignies to table the decision to authorize the 2003 Rosemount Resident
Survey until further discussion and reconsider it at the April 17 regular City Council meeting.
Second by Strayton. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None.
Motion carried.
6.w. Authorize Distribution and Publication of Vesterra, LLC Mining EAW
Council Member Strayton asked if residents near the location, south of CR 38 and 1 /4 mile west of
CR 71/Blaine Avenue, had been contacted? City Engineer Brotzler noted that the Environmental
Assessment Worksheet (EAW) prepared for Vesterra LLC would be made available for the
public to review by the EAW process. There will be a 30 -day window in which residents can
review the EAW and comment from April 14 to May 14. It is a 75 acre mining site. City Council
will have an opportunity to assess this mining operation after the Planning Commission holds a
public hearing and has 60 days for review and comment. Further environmental review may be
recommended by the Environmental Quality Board.
MOTION by DeBettignies to authorize public distribution of the Environmental Assessment
Worksheet for the Vesterra, LLC Sand and Gravel Mine for a 30 -day public comment period.
Second by Riley. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None.
Motion carried.
PUBLIC HEARING: 160 Street Sanitary Sewer Extension, City Project 365
Mayor Droste explained the process used for public hearings. The Affidavits of Notice and
Publication were on file with the City Clerk.
City Engineer Brotzler reviewed the three alternates for providing sewer to the businesses on the
southern border of Rosemount between Highway 3 and Biscayne Avenue. A signed petition was
received from the property owners along 160 Street requesting this sewer extension. The project
cost is proposed to be assessed to the benefiting properties. Alternate 1 would bring sewer
service in from 160 Street. Alternate 2 would bring the sewer service from the back of the lots
extending across Highway 3 at Canada Circle. Alternate 3 would include extending Biscayne
Avenue to Dakota Fence and RCD Real Estate which could be delayed until Biscayne Avenue is
reconstructed. Alternate 3 would also extend the sewer service along the back property lines of
the Business Park lots. The cost estimates do not include land acquisition expenses for
easements.
Mayor Droste opened the Public Hearing for comment from the audience.
Jerry Anderson, 2295 Bonaire Path, represented Highstone Limited Partnership. Anderson noted
that the septic systems run out to the front of the property (160 Street) and they prefer Alternate
1.
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MOTION by Droste to close the Public Hearing for 160 Street Sanitary Sewer Extension, City
Project 365. Second by Riley. Ayes: Five. Nays: None. Motion carried.
Council continued with discussion and clarification questions. It was noted that there is capacity
to service RCD Real Estate lot, but not the depth needed so additional technology would be
needed such as a grinder system or lift station. Consensus was that Alternate 1 would be the best
design. City Engineer Brotzler explained the process for design, specification_ s, establishing
easements and then back for City Council approval by May 19 th .
MOTION by DeBettignies to ADOPT A RESOLUTION ORDERING THE PROJECT
AND ORDERING THE PLANS AND SPECIFICATIONS FOR THE 160 STREET
SANITARY SEWER EXTENSION IMPROVEMENTS WITH ALTERNATIVE 1, CITY
PROJECT 365. Second by Strayton. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste.
Nays: Riley. Motion carried.
SKB Trust Fund Appointment
Mayor Droste noted that the SKB Community Trust Fund was established in 1992 when
U.S.P.C.I. created it. The Trust was established for the citizens of Rosemount and the fund has
grown substantially since that time. Some examples of what the Trust Fund has given funding to
are: skate park equipment, new band uniforms for High School, and fireworks for Leprechaun
Days. Droste recommended Steve Casey be appointed as Trustee. Casey is a 13 year Rosemount
resident, volunteer firefighter, and has been employed with Independent School District 196 for
23 years. Casey was selected from interviews held on March 13 Also selected that day was
Terry Zurn for Planning Commissioner, Jay Tentinger for Port Authority Commissioner, and
Steve Wilson for Parks and Recreation Commissioner.
MOTION by Droste to appoint Steve Casey as Trustee for a three year term, beginning on April
4, 2003 through December 31, 2005 to the Rosemount SKB Trust Fund. Second by Shoe -
Corrigan. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion
carried.
Chippendale Avenue Speed Limit (CSAH 42 to 160 Street)
City Engineer Brotzler reviewed the traffic speed limits on Chippendale Avenue between CSAH
42 and 160 Street. Based on the speed study done by Minnesota Department of Transportation
(MnDot) in 1982 the authorized speed limit for Chippendale Avenue was 45 MPH. The posted
speed is 30 MPH. MnDot authorized a new speed study and Brotzler received verbal
confirmation of it by phone, however, the written report will be received in June. The City will
be required to comply with MnDot's recommendation at that time. Council determined that it
would be best to wait for that report rather than having to change the speed limit signs again.
MOTION by Riley to table the speed limit change consideration until formal authorization is
received by MnDot. Second by Shoe - Corrigan. Ayes: DeBettignies, Shoe - Corrigan, Droste,
Riley, Strayton. Nays: None. Motion carried.
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Concept Residential Planned Unit Development — Centex Homes
Community Development Director Parsons presented the Planned Unit Development Concept
Plan for property owned by Craig Minea and Patricia Kavorius and developed by Steve Ach of
Centex Homes. The location is south of 135 Street and west of Biscayne Avenue. Parsons
noted that there are restraints, a pipeline easement, collector streets, ponding areas, park open
space, and a railroad line. This zoning is guided for Urban Residential which allows for four
different unit densities. The housing mix would be 65 % single family and 35% for multiple
family. This is exactly the housing mix preferred. Conditions were added by staff as follows: 1)
The alignment of Connemara Trail impacts other properties beyond the west edge. Some
flexibility may exist; however, the full impact will have to be verified, and the result may impact
the number of dwelling units. As well, Connemara Trail will have to be constructed to a 40 mile
per hour design speed. 2) Bacardi Avenue along the western edge might be severely restricted
because of the convergence of many pipelines at the northwest corner of Bacardi Avenue and
135t Street West. 3) No variances to right -of -way or public / private street standards are
recommended. 4) Pipeline easement restriction may also prohibit the driveway encroachment of
the southerly most Carriage Townhomes. 5) The Fire Code will require turn - arounds or looped
connections at any shared driveway exceeding 150 feet. 6) The Park and Recreation Commission
will evaluate the park, trails and connections and forward its recommendation to the City Council
separately. 7) Common parking spaces should be provided at all the attached housing areas. 8)
Sidewalks / Trails are required on both sides of the collector streets. 9) The concept must be
consistent with the Comprehensive Plan policies for the Urban Residential land use designation.
For example, the average net density cannot exceed 5.8 dwelling units per acre without an
amendment to the Comprehensive Plan. 10) Completion of the appropriate environmental review
process as required by the Environment Quality Board ( in this case, an Environmental
Assessment Worksheet — EAW.) 11) Concept approval does not guarantee densities or numbers
of dwelling units or lots. Council proceeded to discuss and add three more conditions: 12) The
land designated for higher density housing will have to be rezoned. The 3 -4 unit buildings will
have to be rezoned to R -2, Moderate Density Residential, and the 8 -10 unit buildings will have to
be rezoned to R -3, Medium Density Residential. 13) No single - family lots narrower than 80 feet
will be created except where clustering may preserve natural features or where the lot is deep
enough to meet the minimum lot area in the R -1 residential district. No single - family lots shall
be narrower than 70 feet. 14) The plan shall use creative methods to give sensitive, protective
treatment to slopes, wetlands and wooded areas, for example, in the northwest corner of the site.
15) The plan shall have extensive landscaping, buffering and screening along the railroad tracks
and along Connemara Trail.
MOTION by Shoe - Corrigan to ADOPT A RESOLUTION APPROVING THE CONCEPT
FOR THE MINEA PROPERTY WITH CONDITIONS by staff and including three
additional conditions by City Council. Second by Riley. Ayes: Shoe - Corrigan, Droste, Riley,
Strayton, DeBettignies. Nays: None. Motioned carried.
Consider Resolution of Support — Great River Energy Exemption
City Administrator Verbrugge gave a background of the Great River Energy seeking support for
legislation granting a personal property tax exemption on a clean- burning natural gas
intermediate power plant that is proposed to be built in east Rosemount. A public informational
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meeting was held and 35 interested residents voiced concern about the density of industrial
facilities in that area. No proposed power plant has proceeded without the property tax exemption
since 1994. City Staff identified potential impacts relating to public safety, transportation, and
infrastructure, and use of the City's water system, storm water system and police and fire safety
service. Rosemount would benefit from a host agreement for providing benefit to the greater
community. Verbrugge noted that Senator David Knutson has Senate File 715 and
Representative Dennis Ozment has House File 438 before the legislature.
Mr. Lancaster, representing Great River Energy, explained the permitting process, the plant
operations, and fuel sources. Fuel oil may be piped into the plant or it may need to be trucked in
which would require about 50 truck loads to fill their holding tank per day on a peak energy day.
Terry Flower, 13586 Fischer Avenue, noted that Flint Hills Resources is the twelfth largest
refinery in the United States. Flower was active with Dakota County Citizens for a Healthy
Environment and Metropolitan Council. Flower reported that he needs to power wash the
exterior of his home every year now due to the industrial air pollutants. Flower asked City
Council to vote no for this tax exemption for Great River Energy because of the negative impact
it will have on Rosemount and neighboring communities.
Frank Knoll, 4342 145' Street, said he would like to see the site moved further east because of
the four families in the area.
Greg Fox, 15391 Emery Avenue, noted that there are a lot of industrial businesses in that area
now and the power plant proposal needs more time for consideration.
Joe Jubert, from Great River Energy, said he could provide a list of plants with their size and
location for review. Discussion ensued.
MOTION by Riley to approve A RESOLUTION SUPPORTING SENATE FILE 715 AND
COMPANION HOUSE LEGISLATION GRANTING A PERSONAL PROPERTY TAX
EXEMPTION TO GREAT RIVER ENERGY FOR THE CONSTRUCTION OF A
COMBINED CYCLE NATURAL GAS INTERMEDIATE POWER PLANT IN THE
CITY OF ROSEMOUNT, CONTINGENT UPON EXECUTION OF A HOST
AGREEMENT WITH GREAT RIVER ENERGY. Second by DeBettignies.
DeBettignies asked to append the motion with reference to House File 438 for the companion
House Legislation. The motion maker, Riley, agreed. The motion was amended to read:
MOTION by Riley to approve A RESOLUTION SUPPORTING SENATE FILE 715 AND
HOUSE FILE 438 GRANTING A PERSONAL PROPERTY TAX EXEMPTION TO
GREAT RIVER ENERGY FOR THE CONSTRUCTION OF A COMBINED CYCLE
NATURAL GAS INTERMEDIATE POWER PLANT IN THE CITY OF ROSEMOUNT,
CONTINGENT UPON EXECUTION OF A HOST AGREEMETN WITH GREAT
RIVER ENERGY. Second by DeBettignies. Ayes: Droste, Riley, DeBettignies, Shoe - Corrigan.
Nays: Strayton. Motion carried.
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Announcements
Mayor Droste reviewed the up coming meetings. There will be an informational meeting on
April 9 ffi at 6:00 p.m. for the Chippendale Avenue and CR 42 Improvements. City Council is
holding a Goal Setting Workshop on April 12, 8 a.m. to noon.
Mayor Droste adjourned the regular meeting at 10:40 p.m.
Respectfully submitted,
Linda Jentink, City Clerk
Recording Secretary
The City Council Agenda Packet is Clerk's File 2003 -12.
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