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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. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2003 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 4 2 ri f ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2003 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. 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2003 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. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2003 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 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2003 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. C r ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING APRIL 3, 2003 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. 7