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HomeMy WebLinkAbout6.a. Minutes of August 19, 2003 Regular City Council MeetingITEM# 6 A ROSEMOUNT REGULAR MEETING AUGUST 19, 2003 Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was duly held on Tuesday, August 19, 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 Shoe - Corrigan, DeBettignies, Riley, and Strayton present. Also present were City Administrator Verbrugge, Attorney Robert Vose, City Engineer Brotzler, City Planner Pearson, and Biologist Andrea Moffat from WSB Engineering. The Pledge of Allegiance was said. Staff requested that several documents be added for agenda items. Item 6.1. Approve Plans & Specs /Authorize Ad for Bid, Keegan Lake Outlet, City Project 343 had revisions made to its resolution by the city attorney. Item 6.m. MCES Proposal for Combined Outfall had 'a resolution provided to authorize staff to enter into negotiations with MCES for the construction of an oversized MCES outfall to the Mississippi River with a financial analysis to forecast fees and costs. Item 9.a. Rosemount Cliff Addition Concept PUD was provided with a resolution for Findings of Fact for a denial of the development. Item 9.b. Downtown Redevelopment Committee Appointments had a ballot prepared for Council to vote on residents at large for appointment. Item 9.d. Hiring of Human Resource /Communication Coordinator provided the recommendation of Dawn Weitzel. Staff recommended pulling Item 9.c. Hiring of Community Development Director until such time that a recommendation can be made. Also, an add -on to the agenda was requested an operations exception for Shafer Contracting by MnDOT. Mayor Droste moved to accept the agenda as amended. Second by Riley. Ayes: Five. Nays: None. The agenda was set. Public Comment Gerald Eibner, from Asbury Glen development near December Trail, presented a letter to Council presenting the concerns about their pond and erosion measures recommended by the City. Eibner pointed out that this pond is the focus of most backyards. The neighbors installed a fountain in the center of the pond for looks and to keep the water aerated. The City presented that the fountain makes ripples that cause some of the erosion. But, after observing the pond for several years, Eibner felt the wind action comes in the north/south direction and causes the erosion under the grass out to the edge of the pond. This has resulted in lost shoreline. The developer, Wensmann had landscaped to the edge of the water and charged $5000 more per lot along the pond. The neighbors request that rip -rap be placed along the shoreline of the city's holding pond soon at least on the north and south shores. Council Member Riley has a copy of the letter. Staff will follow up with a report at the next City Council meeting. Acknowledge Terry's Ace Hardware Mayor Droste presented a Certificate of Appreciation to Chuck and Darleen Terry, owners of Ace Hardware. Their hardware store earned a Consumers' Checkbook top rating for quality and price. Council and City Staff conveyed congratulations to the Terry's for their outstanding business. 1 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 2003 Police Officer Oath of Office Police Lieutenant Dwayne Kuhns introduced Chad Rosa, who is a resident of Rosemount now and also grew up in the City of Rosemount. Rosa worked for Rosemount as a Community Service Officer and Police Officer in the past. He served with the Minnesota State Patrol for the last two years. Rosa earned his BA at Metropolitan State University. Mayor Droste administered the Oath of Office to Rosa and welcomed him back. Consent Agenda Mayor Droste noted the additional documents added to Consent Agenda items as presented at the start of the meeting. Council Member Strayton requested that Item 6.g. be pulled for discussion and Item 6. k. was pulled for discussion under Old Business. MOTION by Riley to approve the Consent Agenda with additional information added and removal of Item 6.g. and 6.k. Second by Strayton. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. a. Minutes of August 7, 2003 Regular City Council Meeting b. Bills Listing C. Expenditure Approval from Donation Account for Parks & Recreation Dept. d. 2003 Fee Schedule Resolution Changes e. Bloomfield 6th Addition Final Plat & Subdivision Agreement f. Clare Downs Phase H Final Plat (Evermoor) & Subdivision Development Agreement 9. Vesteff New Mineral - Extfaetien Pefmit Pulled for discussion h. Dakota County CIP Resolution i. Approve Plans & Specs /Authorize Ad for Bid, Keegan Lake Outlet, City Project 343 j. Change Order #1 Bloomfield 5 Addition, City Project 364 k. Minea -€AV, Git� Preject -35-1— Pulled for discussion under Old Business 1. Authorization to Hire Police Officer m. MCES Proposal for Combined Treated Effluent /Stormwater Outfall 6.g. Vesterra, LLC New Mineral Extraction Permit Council Member Strayton asked how staff resolved CR 38 and CR 71 issues with Dakota County. City Engineer Brotzler reported that Dakota County conducted strength tests to met specifications. The street will be posted with nine ton road restrictions and seven ton restrictions in the spring. MOTION by DeBettignies to approve the mineral extraction permit for Vesterra, LLC subject to the attached conditions of operation for 2003. Second by Riley. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. PUBLIC HEARING: Vacation of Drainage and Utility Easement Bloomfield Addition, Outlot C Mayor Droste reviewed the process for the public hearings. The Affidavits of Notice and Publication were on file in the Clerk's Office. 2 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 2003 City Engineer Brotzler reviewed the need to vacate the existing drainage and utility easement on Outlot C of the Bloomfield Addition. The Bloomfield Vineyards plat was revised with a new area platted for the drainage and utility easement. Mayor Droste opened the Public Hearing. There were no comments offered from the audience. MOTION by Droste to close the Public Hearing for Vacation of Drainage and Utility Easement Bloomfield Addition, Outlot C. Second by Shoe - Corrigan. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. MOTION by Riley to adopt A RESOLUTION CAUSING EASEMENT VACATION ON THE BLOOMFIELD ADDITION PLAT, OUTLOT C. Second by Shoe - Corrigan. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. Minea EAW, City Project 351 City Engineer. Brotzler reviewed the Environmental Assessment Worksheet (EAW) for the proposed Minea property residential development. The public comment period ended on August 6th and Andrea Moffatt, biologist for WSB & Associates, wrote the summary of the responses. Tree preservation and traffic issues were the prime concerns. Dakota County disclosed that there is a dumpsite on the south edge of the property near the proposed pond. Staff does not have any further information regarding the dumpsite. Council was concerned about the potential for clean - up and remediation of the site. Discussion was held if further environmental studies should be conducted. City Attorney Vose noted that this is not a zoning issue so there is no 60 -day rule. City Planner Pearson commented that the local process does not waive any other standards for other governing agencies. The consensus of the Council was to table this issue until further information is collected. Brotzler summarized the action requested by Council: 1) Follow -up on DNR comment, 2) research dumpsite information, 3) notify the developer, and 4) look into Dakota County's process regarding the dumpsite. MOTION by Riley to table the Minea EAW until staff comes back to the September 2, 2003 City Council meeting with additional findings of fact. Second by Shoe - Corrigan. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Rosemount Cliff Addition Concept PUD City Planner Pearson presented a summary of the development by Tollefson Development located on the Richard Cliff property on the west side of Akron Avenue, one -half mile north of 135 Street West. This property is zoned Agricultural and is outside the Metropolitan Urban Service Area. The plan indicates a community septic area until a sanitary sewer infrastructure could be extended to the property. There are 105 lots proposed for the 75 acres. Pearson explained that sewer is not expected to extend to that area until post 2020. A Comprehensive Guide Plan amendment would be required for the zoning change which calls for approval by Metropolitan Council. Because of the sewer issue and the amendment the Planning Commission denied the concept residential plan. Council Member Riley commented that it looks like a good plan design, but it is hard to approve when it is not within the Comp Plan or the density of the AG district. Pearson noted that similar 3 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 2003 housing developments in other cities have had permanent utilities installed, not temporary ones. Who would pay for the utilities conversion in the future? Mayor Droste noted there are water quality problems in that area now. City Engineer Brotzler noted that the Fire Marshall would require a separate water system, a municipal caliber well. Council concluded that the plan was attractive but the timing is bad. MOTION by Riley to direct staff to prepare findings supporting denial of the concept residential planned unit development for Cliff Addition. The motion failed due to lack of a second. MOTION by Riley to adopt the Findings of Facts supporting denial of the Concept Planned Unit Development for Cliff Addition. Second by DeBettigmes. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Downtown Redevelopment Committee Appointments City Administrator Verbrugge reported that thirteen applicants had been interviewed for the Downtown Redevelopment Committee by Council. The purpose of the advisory committee would be to revisit the downtown plan that was prepared by URS in 2002, evaluate current market and financial conditions, solicit community input, and make a recommendation to the Port Authority. Council is requested to appoint the recommended Chamber members, one Planning Commissioner and two Port Authority Commissioners. Also two City Council members need to be selected and a minimum of three of the interviewed Rosemount resident applicants. Mayor Droste suggested adding two more resident members for a total of five members from the resident applicants. That was acceptable to all Council members. MOTION by DeBettignies to expand the resident members from three appointments to five appointments, bringing the total number of members to thirteen. Second by Shoe - Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste. Nays: None. Motion carried. The City Clerk distributed ballots to the City Council to select the five Downtown Redevelopment Committee members. City Administrator Verbrugge and City Clerk Jentink tallied the ballots. The five residents that received the most votes were: Laurie Humphrey, Rita Dupre, Maureen Geraghty Bouchard, Jeffrey W. Smith, and Leslie Defries. The Council discussed who was interested and had available time to represent City Council on the Downtown Redevelopment Committee. Council Members Mary Riley and Kim Shoe - Corrigan were selected. Riley stated she was excited to see this move forward. MOTION by DeBettignies to appoint Council Members Mary Riley and Kim Shoe - Corrigan as representatives for the Rosemount City Council on the Downtown Redevelopment Committee. Second by Droste. Ayes: Strayton, DeBettignies, Shoe - Corrigan, Droste, Riley. Nays: None. Motion carried. MOTION by Shoe - Corrigan to appoint Laurie Humphrey, Rita Dupre, Maureen Geraghty Bouchard, Jeffrey W. Smith, and Leslie Defries to the Downtown Redevelopment Committee. 4 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 2003 Second by Riley. Ayes: DeBettignies, Shoe - Corrigan, Droste, Riley, Strayton. Nays: None. Motion carried. MOTION by DeBettignies to appoint Mike Baxter, Jay Tentinger, and Jason Messner from the Commissions; and Ed McMenomy, Chuck Terry, Mark Toombs from the Rosemount Chamber of Commerce; collectively to form the Downtown Redevelopment Committee, an advisory committee to the City Council. Second by Shoe - Corrigan. Ayes: Shoe - Corrigan, Droste, Riley, Strayton, DeBettignies. Nays: None. Motion carried. Mayor Droste was supportive of all the appointments. Droste thanked the Chamber of Commerce for their cooperation in recommending business members. He was excited to see the enthusiasm held by these members. Verbrugge noted letters will be sent out to all applicants noticing them of the outcome and encouraging those not selected to look for other opportunities. Hiring of Human Resource /Communication Coordinator City Administrator Verbrugge reported that over 80 applications were received for the Human Resource /Communication Coordinator. Nine applicants were interviewed. All of them were well qualified and several had Masters Degrees. The interview process included a situational exercise, meeting with department heads, and a tour of City Hall. Dawn Wietsel was selected. Dawn had worked at the cities of Richfield, Moundsview, and St. Louis Park. MOTION by Strayton to approve the hiring of recommended candidate Dawn Wietsel for the Human Resource /Communications Coordinator. Second by Riley. Ayes: Droste, Riley, Strayton, DeBettignies, Shoe - Corrigan. Nays: None. Motion carried. Shafer Contracting Operations Exception City Planner Pearson reviewed the request by Minnesota Department of Transportation (MnDOT) to allow the mineral extraction contractor additional hours to work because of the traffic congestion resulting from the 117 Street /TH52 improvements in Inver Grove Heights. Shafer Contracting is located on the northern edge of Rosemount and is requesting exception to the operations regulations to extend them for a 24 -hour basis on August 22, 23, 24 and September 5, 6, and 7. Council Member Strayton asked to have neighbors noticed. Mayor Droste approved since it would improve safety to accommodate MnDOT's request. MOTION by Riley to grant Shafer Contracting Co. an exception to the operating hours restrictions in their Mineral Extraction Permit Conditions allowing hauling for a 24 -hour basis on August 22, 23 and 24, and on September 5, 6, and 7 only. Second by DeBettignies. Ayes: Riley, Strayton, DeBettignies, Shoe - Corrigan, Droste. Nays: None. Motion carried. Announcements City Administrator Verbrugge reported that the Metropolitan CDA grant application was forwarded to Metropolitan Council. This would mean $50,000 for the Downtown 5 ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING AUGUST 19, 2003 Redevelopment project. Council Member Strayton congratulated staff on the good job. Council Member Riley said she received a call from a resident about the odd /even watering ban. This resident was told she could not water her flowers. Riley questioned that interpretation of the policy. Staff will review the ordinance. City Engineer Brotzler thought the ordinance restricted lawn maintenance only. Mayor Droste reviewed the upcoming meetings. Mayor Droste and City Council unanimously adjourned the regular meeting at 9:16 p.m. Respectfully submitted, Linda Jentink, City Clerk Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -30. r